Naresh Yadav @ Naresh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56114 of 2017 Arising Out of PS.Case No. -108 Year- 2017 Thana -WAJIRGANJ District- GAYA ======================================================

1. NARESH YADAV @ NARESH PRASAD, S/o Late Ramautar Yadav, R/o Vill- Hashara, P.S.- Wajirganj, Dist- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Yadav For the Opposite Party/s : Mr. Sri Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-12-2017 Heard both sides.

The petitioner apprehends his arrest in Wazirganj P.S. Case No. 108 of 2017 registered under Section 302/34 of the Indian Penal Code.

The informant named the petitioner and alleged that all the accused persons entered into the house and assaulted Sumitra Devi with knife and sickle and threw her dead body from the roof. The accused persons were carrying the dead body, but on alarm raised by the grandfather of the informant, the accused persons fled away leaving the dead body on the spot.

Learned counsel for the petitioner submits that the petitioner is, of course, named in the F.I.R, but no specific

Patna High Court Cr.Misc. No.56114 of 2017 (2) dt.13-12-2017 2/2 allegation is made against the petitioner. The occurrence took place in the dark night and the informant does not appear to be eye-witness of the occurrence.

Considering the facts that the informant is the son of the deceased and he narrated the entire story as to how the occurrence took place and the petitioner, inflicted fatal blow to his mother causing her death, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) ajay gupta/- U T