Vijay Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16273 of 2016 Arising Out of PS.Case No. -872 Year- 2015 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Vijay Thakur Son of Bacha Thakur, Resident of village- Barharwa Lakhan Sen, P.S.- Dhaka, District- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. S.Ehteshmuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-07-2016 Heard both sides.

The petitioner apprehends his arrest in a case under Section 302/34 of the Indian Penal Code.

The informant alleged that her husband was sleeping in the night but when she woke up on call of her son she found her husband lying dead.

It is submitted that petitioner is not named in the FIR. The name of petitioner figured in the case in the confessional statement of the informant.

It appears that during the course of investigation, the informant was interrogated and she disclosed that she had love affair with petitioner and she, after giving some intoxicating

Patna High Court Cr.Misc. No.16273 of 2016 (3) dt.01-07-2016 2/2 substance to her husband and sons so that they may not wake up, called the petitioner who killed her husband. Call details of informant was obtained from which it transpired that she had talked for quite long time with the petitioner in the night. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T