Patna High CourtCR. MISC./57665/2019bail rejected

Mahtab Alam v. The State Of Bihar

2019-09-13Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57665 of 2019 Arising Out of PS. Case No.-158 Year-2018 Thana- RAMGARHWA District- East Champaran ====================================================== MAHTAB ALAM, aged about 44 years, Male, Son of Late Manjoor Alam @ Mansoor Alam, Resident of Village - Murgiya Tola, P.S.- Ramgarhwa, Dist.- East Champaran ... Petitioner

Versus

The State of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Umesh Chandra Verma, Adv.

For the Opposite Party :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-09-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Ramgarhwa P.S. Case No. 158 of 2018, pending in the Court of the Subdivisional Judicial Magistrate, Raxaul, East Champaran at Motihari, for the offence alleged under Section 304B/34 of the Indian Penal Code.

The accusation is of killing of the sister of the informant by her in-laws at the instance of her husband due to non-fulfillment of demand of motorcycle and she buffalo. The submission of the learned counsel for the petitioner is that in fact at the time of occurrence the petitioner was not at the place of occurrence rather he was abroad in connection with doing his job.

Patna High Court CR. MISC. No.57665 of 2019(2) dt.13-09-2019 2/2 Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, I am not inclined to grant the privilege of pre-arrest bail to the petitioner. The prayer for pre-arrest bail is rejected. The petitioner is directed to surrender before the Court below and seek regular bail, which will be considered on its own merit and without being prejudiced of this order.

(Rajendra Kumar Mishra, J) Shamshad/- U T