Sujeet Kumar v. The State Of Bihar
Patna High Court Cr.Misc. No.33017 of 2015 (2) dt.24-08-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33017 of 2015 Arising Out of PS.Case No. -246 Year- 2007 Thana -BAKHTIYARPUR District- PATNA ======================================================
1. Sujeet Kumar S/o late Deo kumar Singh resident of village- Narauli P.s Bakhtiyarpur, District Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mahendra Thakur For the Opposite Party/s : Mr. Suman Kumari Singh (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 24-08-2015 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends his arrest in connection with Bakhtiyarpur P.S. Case No. 246 of 2007 registered for the offences punishable under Sections 302, 326/34 of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel for the petitioner submits that the present case is a sequel to the case registered under Section 376 by one Ritu Kumari, cousin sister of the informant of the present case. It is further submitted that the present FIR has been lodged by Chandra Bhanu Kumar, who was cousin brother of the victim girl, on whom the attempt of rape had been made by the petitioner alongwith others. It is alleged in the FIR that while the cousins of the said Ritu Kumari came to rescue her, on alarm being raised by her, the petitioner alongwith others attacked the cousins, as a result of which
Patna High Court Cr.Misc. No.33017 of 2015 (2) dt.24-08-2015 another cousin Chandra Shekhar died and it was after the death of Chandra Shekhar, the present FIR has been lodged. The allegation against the petitioner is that he caught hold of Chandra Shekhar and thereafter, one Sanjiv Kumar stabbed on the chest which led to his death.
Considering the nature of allegation and the active participation of the petitioner in the offence leading to the death of Chandra Shekhar, I am not inclined to grant anticipatory bail to the petitioner. It is, accordingly, rejected. (Anjana Mishra, J) Jagdish/- U T