Md. Kalim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14302 of 2016 Arising Out of PS.Case No. -47 Year- 2008 Thana -BHARGAWAN District- ARRARIA ====================================================== Md. Kalim, Son of Md. Rayasat, Resident of Village- Paikpar Muslim Tola, PS Bhargama Dist Araria.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ramesh Kumar Singh, Advocate.

For the Opposite Party : Mr. R.P.S.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-05-2016 Heard both sides.

The petitioner apprehends his arrest in Bhargama P.S. Case No. 47 of 2008, registered for the offence punishable under Section 302 of the Indian Penal Code.

The S.H.O. Bhargama alleged in his self statement that he received information that the petitioner killed his wife assaulting her with Dabia.

Learned counsel for the petitioner submits that on perusal for the FIR itself, it appears that no family member of the petitioner has lodged the case. The wife of the petitioner died on account of fall.

It appears that there was injury on mandible of the second wife of the petitioner. The case was registered in the year

Patna High Court Cr.Misc. No.14302 of 2016 (3) dt.09-05-2016 2/2 2008 and only after eight years of the occurrence, the petitioner moved for anticipatory bail. Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

However, the petitioner, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail, his prayer shall be considered on its own merit without being prejudiced by this order.

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