Gaurav Kumar @ Banti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7914 of 2015 Arising Out of PS.Case No. -297 Year- 2014 Thana -JAHANABAD District- JEHANABAD ====================================================== Gaurav Kumar @ Banti, son of Kumar Ramadhar Sharma @ Ramadhar Sharma, resident of village- Dhobri, Police Station- Ghosi, District - Jehanabad, at present resident of East Nizamuddinpur, P.S. + DistrictJehanabad. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Adv. For the Opposite Party/s : Mr. Abhay Kumar-I, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 02-07-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
This is an application seeking anticipatory bail in a case registered for the offences punishable under Sections 364/34 of the Indian Penal Code, to which Section 302 came to be added subsequently.
Learned senior counsel appearing on behalf of the petitioner has submitted that the petitioner was not named in the First Information Report and his name surfaced on the basis of confessional statement made by her step-mother Sangita Devi, who is named in the First Information Report. He has submitted that over and above the confessional statement of co-accused,
Patna High Court Cr.Misc. No.7914 of 2015 (4) dt.02-07-2015 2/2 there is no material to connect this petitioner with the crime. However, keeping in view the gravity of offence and the fact that custodial interrogation of the petitioner may be required by the Police, I am not inclined to grant the petitioner privilege of anticipatory bail.
The petitioner is directed to surrender before the court below within four weeks, if he does so and seek regular bail, his case for regular bail shall be considered on its own merit, without being prejudiced by rejection of the present anticipatory bail application.
This application is rejected with the observation as above.
(Chakradhari Sharan Singh, J.) Vats/- U T