Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36574 of 2015 Arising Out of PS.Case No. -57 Year- 2015 Thana -KHIJARSARAI District- GAYA ======================================================

1. Pawan Kumar Son of Amresh Singh Resident of village - Bana, Police Station - Khizer Sarai, District - Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar, Advocate For the Opposite Party/s : Mr. G.S.Gupta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-09-2015 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

The prosecution case is that the petitioner developed intimacy with the wife of the son of the informant, as a result he killed the son of the informant. It is submitted by the learned counsel for the petitioner that on conclusion of investigation charge-sheet submitted under Section I.P.C.

and consequently cognizance was also taken under Section 306 of the Indian Penal Code. The wife of the victim subsequent to the present First Information Report lodged First Information Report against the informant, that the informant had an evil eye of her since her mother-in-law died long ago.

Patna High Court Cr.Misc. No.36574 of 2015 (2) dt.11-09-2015 Considering the nature of accusation, this Court is not inclined to grant anticipatory to the petitioner in connection with Kizer Sarai P.S. Case No. 57 of 2015, pending in the Court of Smt. Aakancha Kashyap, learned Judicial Magistrate, Ist Class, Gaya.

Accordingly, this anticipatory bail application is rejected.

(Dinesh Kumar Singh, J) P.K./- U T