Dhruv Mukhiya @ Dhrup Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18781 of 2018 Arising Out of PS.Case No. -49 Year- 2015 Thana -SRINAGAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Dhruv Mukhiya @ Dhrup Mukhiya son of late Adalat Mukhiya resident of village - Mashandhab Gobrahiya, Police Station - Shrinagar (Pujahan), District - West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Kishore Mishra For the Opposite Party/s : Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 05-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks anticipatory bail in Srinagar Pujahan P.S. Case No.49 of 2015 instituted for the offences under Sections 302/34 of the Indian Penal Code and Section 3/4 of the Prevention of Witch (Daain) Practice Act, 1999. The present case has been lodged in 2015 and since then petitioner is absconding.

Learned counsel for the petitioner submits that coaccused has been acquitted as the informant did not support the prosecution case.

In such view of the matter, this Court is not inclined to

Patna High Court Cr.Misc. No.18781 of 2018 (2) dt.05-04-2018 enlarge the petitioner on anticipatory bail. Accordingly the prayer for bail is rejected. However, if the petitioner surrenders before the court below within a period of three weeks, the court below will pass an order on its own merit without being prejudiced by the order passed by this Court. (Shivaji Pandey, J) Vinay/- U T