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Patna High CourtCR. MISC./37476/2014dismissed

Prakash Rajak v. The State Of Bihar

2015-03-26The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37476 of 2014 Arising Out of PS.Case No. -188 Year- 2013 Thana -KHAIRA District- JAMUI ====================================================== Prakash Rajak, Son of Late Janki Rajak, Resident of Village - Harni, P.S.- Khaira, District - Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Prakash Parasar, Advocate For the Opposite Party/s : Mr. Md.A.Haque Sahara(APP) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 26-03-2015 The petitioner figured as an accused in Khaira P.S. Case No.188 of 2013 for an offence punishable under Sections 302 of the I.P.C., pending in the court of learned Chief Judicial Magistrate, Jamui.

Apprehending arrest, the petitioner filed A.B.P. No.1583 of 2013 in the court of the Sessions Judge, Jamui. The same was dismissed on 19.8.2014. Hence, this application for grant of anticipatory bail under Section 438 of Cr.P.C. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The allegation against the petitioner is serious in nature. Unless the petitioner is arrested, there cannot be fair investigation. This Court is not inclined to grant anticipatory bail to the

Patna High Court Cr.Misc. No.37476 of 2014 (2) dt.26-03-2015 2/2 petitioner. The application is dismissed.

It is, however, open to the petitioner to move an application for bail after his arrest or surrender, as the case may be.

(L. Narasimha Reddy,CJ) PNM U T