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Patna High CourtCR. MISC./50699/2015rejected

Raj Kumar Ram v. The State Of Bihar

2015-12-22Mr. Justice Samarendra Pratap Singh2 pages

Patna High Court Cr.Misc. No.50699 of 2015 (3) dt.22-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50699 of 2015 Arising Out of PS.Case No. -266 Year- 2015 Thana -BARH District- PATNA ====================================================== Raj Kumar Ram s/o Late Tunna Ram Resident of village Nadwa, Police Station Barh, District Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Premchandra Yadav For the Opposite Party/s : Mr. Arun Kumar Singh No.-5 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 22-12-2015 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in a case under section 302/34 of the Indian Penal Code.

It is alleged by the informant that in course of patrolling, when he reached Nath Chak, Naya Tola, he saw a dead body of unsound person lying near Tractor and Trailer. He was informed by the labourer standing nearby that the dead body is of an unsound person, who entered the house of one Raj Kumar Ram. Being aggrieved, Raj Kumar Ram assaulted him as a result of which he died. Thereafter, Raj Kumar Ram pulled the dead body and kept it near his Gumti.

The petitioner submits that there is no eye witness to the occurrence and he has been falsely implicated on mere suspicion.

Patna High Court Cr.Misc. No.50699 of 2015 (3) dt.22-12-2015 Having regard to the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. His prayer for anticipatory bail is rejected. If the petitioner surrenders and pray for regular bail, the same would be disposed of on its own merit without prejudice.

(Samarendra Pratap Singh, J) KHAN/- U