Dr. Prabhunath Sharma @ Prabhunath Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14208 of 2019 Arising Out of PS. Case No.-189 Year-2014 Thana- BASANTPUR District- Siwan ====================================================== DR. PRABHUNATH SHARMA @ PRABHUNATH SHARMA S/o Late Tapeshwar Sharma Resident of village-Surjpura, P.S.-Basantpur, DistrictSiwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiv Sager Sharma For the Opposite Party/s :

Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-05-2019 This is an application for grant of anticipatory bail in connection with Basantpur P.S. Case No. 189 of 2014, disclosing offences under Sections 326, 307/34 and 302 of the Indian Penal code.

Allegation as per F.I.R. is that the father-in-law and other accused persons had kill the deceased by sprinkling kerosene oil on her and it is alleged that the petitioner and other accused persons have also hand in that.

Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and he has nothing to do with the family affairs of the deceased and no cogent materials appeared during the course of investigation against this petitioner.

Patna High Court CR. MISC. No.14208 of 2019(3) dt.01-05-2019 2/2 Heard learned A.P.P. also, who drawn my attention towards paras 79 and 80 of the case diary, in which the statement of sons of the deceased has been recorded under Section 164 Cr.P.C. that disclosed that the hands of the petitioner also and as such, he opposed the prayer for anticipatory bail of the petitioner.

Having heard both sides, in view of the statement of sons of the deceased, 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 its own merit, without being prejudice by order of this Court.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) Amjad/SKSuman.

U T