Paltan Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65579 of 2019 Arising Out of PS. Case No.-111 Year-2019 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== PALTAN MUKHIYA Son of Late Kapleshwar Mukhiya Resident of VillageNisihara, P.S.- Ghanshyampur, District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

Prosecution case as lodged by the informant is that while he and his wife was in the field, his son Vikash Kumar came there and stated that Paltan Mukhiya along with his family members brutally assaulted to daughter-in-law Reena Devi. The informant rushed to home where his daughter-in-law was lying dead.

Learned counsel for the petitioner submits that petitioner is innocent, has committed no offence and he has been falsely implicated in this case. He submits that there is no eye

Patna High Court CR. MISC. No.65579 of 2019(3) dt.18-12-2019 2/2 witness to the said occurrence and all the family members has been made accused by the informant. He submits that petitioner has no manner of concern with the alleged offence. He further submits that petitioner has no criminal antecedent. Learned counsel for the informant and the State submits that that accused petitioner is named in the F.I.R. He submits that during the investigation witnesses have supported the prosecution case.

Considering the nature of allegation, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, his payer for anticipatory bail is rejected in connection with Ghanshyampur P.S. Case No. 111 of 2019 pending before the court of the learned Sub Divisional Judicial Magistrate, Darbhanga, Bihar Camp Court Benipur.

Accordingly, the application is dismissed. However, petitioner is directed to surrender before the court below and prayer for regular bail and the learned court below will consider the bail application of the petitioner on the same day without being prejudiced by this order.

(Anjani Kumar Sharan, J) devendra/- U T