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Patna High CourtCR. MISC./73799/2018dismissed

Sita Ram Mehta And ANR v. The State Of Bihar

2019-01-25Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73799 of 2018 Arising Out of PS. Case No.-309 Year-2018 Thana- RANIGANJ District- Araria ======================================================

1. Sita Ram Mehta S/o Late Dharpu Mehta,

2. Musaharu Mehta, S/o Late Dukhai Mehta, Both Resident of Village- Madhu Lata, Ward No. 4, P.S.- Raniganj, District- Araria. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Jha For the Opposite Party/s :

Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-01-2019 This is an application for grant of anticipatory bail in connection with Raniganj P.S. Case No. 309 of 2018, disclosing offences under Sections 302, 201, 34 of the Indian Penal Code. Allegation against the petitioners is of assaulting the husband of the informant causing his death.

Submission of learned counsel for the petitioners is that there is no eye witness of the occurrence and though four persons alleged to have been assaulted the deceased, but only two injuries were shown on the person of the deceased. Heard learned A.P.P. as well as learned counsel for the informant, they have opposed the prayer for anticipatory bail of the petitioners stating that the statement of Yoganand Mehta, who was present at the spot, recorded under Section 164 Cr.P.C.,

Patna High Court Cr.Misc. No.73799 of 2018(3) dt.25-01-2019 2/2 also disclosed the names of the petitioners.

Having heard both sides, considering the above facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioners, rather they should surrender and make prayer for regular bail, which will be considered on its own merit, without being prejudice by order of this Court, if possible, to be disposed of on same day.

(Vinod Kumar Sinha, J) Amjad/- U T