Patna High CourtCR. MISC./15147/2016rejected

Pramod Kumar And ORS v. The State Of Bihar

2016-06-30Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15147 of 2016 Arising Out of PS.Case No. -178 Year- 2014 Thana -KARPI District- JEHANABAD ======================================================

1. Pramod Kumar Son of Surendra Yadav

2. Dharam Kumar @ Dharma son of Sudarshan Yadav

3. Lallu Kumar @ Laloo pd. Yadav @ Lalu son of Janeshwar Yadav

4. Bimlesh Kumar son of Mahesh Yadav All are residents of village Balaura P.S. - Karpi, Dist. Arwal.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Raj Ballabh Singh, Adv. For the Opposite Party/s : Mr. Shyam Bihari Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-06-2016 Heard both sides.

The petitioners apprehend their arrest in Karpi P.S. Case No. 178/2014, registered for the offence punishable under Section 302 of the Indian Penal Code.

The son of the deceased (Informant) stated that his father was killed by some unknown persons.

It is submitted that the name of the petitioners figured in this case on mere suspicion. Some witnesses said that petitioners are students and they were running for getting job. Their names have been surfaced in the case on mere suspicion, but it appears from the case diary that many witnesses have stated that

Patna High Court Cr.Misc. No.15147 of 2016 (3) dt.30-06-2016 2/2 petitioners committed theft in the village and on being chased they took shelter in the temple when the deceased made protest the accused persons fled away only thereafter the deceased was found dead. There appears that many of the witnesses have said so. Considering the facts aforesaid and the fact that the petitioners had taken shelter in the temple and only thereafter the father of the informant was found dead, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Vinita/- U T