Kharu Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11564 of 2019 Arising Out of PS. Case No.-365 Year-2018 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== KHARU BIND Son of Vijay Bind Resident of Village - Lohara, P.S.- Chainpur, Distt - Kaimur at Bhabua ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajani Kant Pandey For the State :
Mr. Akbar Ali For the Informant :
Ms. Kiran Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-04-2019 This is an application for grant of anticipatory bail in connection with Chainpur P.S. Case No. 365 of 2018, disclosing offences under Sections 364, 302, 201, 34 of the Indian Penal Code.
Allegation against the petitioner is that he has enticed the son of the informant away and thereafter killed him. Submission of learned counsel for the petitioner is that as a matter of fact he had gone for fishing at a dam, where the son of the informant slipped and received injuries and died. Heard learned A.P.P. as well as learned counsel for the informant, they have opposed the prayer for anticipatory bail of the petitioner stating that in several paragraphs of the case diary, the witnesses have supported the prosecution case and further in
Patna High Court CR. MISC. No.11564 of 2019(3) dt.29-04-2019 2/2 para 105 confessional statement of co-accused has been recorded and that also shows the hands of the petitioner and postmortem report also shows antemortem injury on the person of the deceased.
Having heard both sides, in view of the facts and circumstances of the case as stated above, I am not inclined to grant anticipatory bail to the petitioner, rather he should surrender and make prayer for regular bail, which will be considered on the basis of materials available on record, without being prejudice by order of this Court.
Accordingly, this application is dismissed.
(Vinod Kumar Sinha, J) Amjad/- U T