← Library
Patna High CourtCR. MISC./21701/2021dismissed

Boua @ Krishna Kumar v. The State Of Bihar

2022-01-05Mr. Justice Sanjeev Prakash Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 21701 of 2021 Arising Out of PS. Case No.-207 Year-2020 Thana- KHAJANCHI HAT District- Purnia ====================================================== Boua @ Krishna Kumar, aged about 25 years, Male Son of Late Ramji Sahani, Resident of Mohalla - Brajesh Nagar, P.S.- K. Hat, District - Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 05-01-2022 Heard the parties through video conferencing. The petitioner seek bail in anticipation of his arrest in connection with K. Hat P.S. Case No. 207 of 2020 instituted for the offence punishable under Sections 302, 201, 120(B)/34 of the Indian Penal Code.

Considering that the case relates to recovery of a dead body after seven days of the person being not found, learned counsel submits that the petitioner quite not be arrested nearly on the apprehension and allegations made by the complainant. Learned counsel submits that there is no connection between the petitioner and the concerned deceased.

Learned APP opposes and submits that despite the case is of circumstantial evidence for which the petitioner would

Patna High Court CR. MISC. No.21701 of 2021(3) dt.05-01-2022 2/2 be required to be interrogated.

Taking into consideration that the case is under Section 302 of the Indian Penal Code, the Investigating Officer should be given free hand for Investigation for which he may also arrest the petitioner.

In view thereof, the anticipatory bail application is dismissed.

(Sanjeev Prakash Sharma, J) Anand Kr.

U T