Patna High CourtCR. MISC./54522/2017dismissed

Dinesh Kumar @ Dinesh Mahto And ANR v. The State Of Bihar

2018-03-05Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54522 of 2017 Arising Out of PS. Case No.-124 Year-2014 Thana- SARMERA District- Nalanda ======================================================

1. Dinesh Kumar @ Dinesh Mahto, S/o Ashok Mahto.

2. Pramesh Kumar @ Prameshwar Mahto, S/o Ashok Mahto, Both resident of Village- Imadpur, P.S.- Bhadaur, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sanjay Prasad For the Opposite Party/s :

Mr. UDAY CHAND PRASAD ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-03-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in connection with Sarmera P.S. case No.124 of 2014 registered under Sections 498A, 304B, 201, 120B/34 of the Indian Penal Code, pending in the court of C.J.M., Nalanda at Bihar Sharif. Allegation is that the accused persons including the petitioners committed murder of the sister of the informant due to non-fulfilment of demand of dowry.

This is second attempt for anticipatory bail on behalf of the petitioner. The earlier anticipatory bail of the petitioners was dismissed as withdrawn at the instance of the petitioners itself. It has been submitted on behalf of the petitioners that the

Patna High Court Cr.Misc. No.54522 of 2017(2) dt.05-03-2018 2/2 petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are Bhainsurs of the deceased. They are separate in mess and property from the husband of the deceased.

It is relevant to point out here that by a common order dated 29.02.2016, the petitioners' application for anticipatory bail vide Cr.Misc.No.58268 of 2015 was dismissed as withdrawn and by the same order the other co-accused vide Cr.Misc.No.54149 of 2015 were granted anticipatory bail. In the present application, I do not find any fresh ground for reconsideration of anticipatory bail of the petitioners. Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioners. The prayer for anticipatory bail is rejected.

(Sudhir Singh, J) Narendra/- U T