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Patna High CourtCR. MISC./17172/2018dismissed

Dinesh Manjhi v. The State Of Bihar

2018-07-17Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17172 of 2018 Arising Out of PS.Case No. -222 Year- 2017 Thana -MASRAKH District- SARAN ======================================================

1. Dinesh Manjhi Son of Sri Raj Kishore Manjhi Resident of VillageGangauli, P.S. Masharakh,District- Saran at Chhpara. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Kumar Anand For the Opposite Party/s : Mr. Sri Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-07-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Mashrakh P.S.Case no.222 of 2017 registered for offences punishable under Sections 302, 201 adn34 of the Indian Penal Code.

Allegation against the petitioner is that he is caused death of the deceased who happens to his wife and when the informant went to enquire about the same, nobody was present in the house, which was locked and the villagers did not agree to tell anything disclosing anything.

Submission of the learned counsel for the petitioner is that the deceased is suffering from diarrhea and she died due to that and the statement of the son of the deceased, which has been

Patna High Court Cr.Misc. No.17172 of 2018 (3) dt.17-07-2018 2/2 recorded by the I.O. during the investigation stated that she died due to pain in the abdomen.

Heard learned A.P.P. also, who has opposed the prayer for bail stating that no information was given to the informant and even without waiting for the informant the dead body was cremated. .

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant anticipatory bail to the petitioner rather let the petitioner surrender before the learned court below within a period of four weeks from the date of receipt of the order and make prayer for regular bail, which will be considered by the learned court below on its own merit.

With the aforesaid direction, this application is dismissed. (Vinod Kumar Sinha, J) chn/- U T