Patna High CourtCR. MISC./34592/2015dismissed

Md. Furkan v. The State Of Bihar

2015-10-16Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34592 of 2015 Arising Out of PS.Case No. -41 Year- 2014 Thana -PURAINI District- MADHEPURA ======================================================

1. Md. Furkan S/o Md. Karim @ Md. Kare Resident of Village Ganeshpur Diayara, P.S. Puraini, District Madhepura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Singh For the Opposite Party/s : Mr. Ram Chandra Sahni(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-10-2015 Heard both sides.

The petitioner apprehends arrest in a case registered for the offences punishable under sections 364, 120(B)/34 of the Indian Penal Code.

The informant has alleged that while her husband Vijay Singh @ Bijli Singh was taking dinner, Rani Bahen called him on his mobile and asked him to come. The husband of the informant went to the house of Rani Bahen on his motor cycle. Petitioner is not named in the F.I.R. It is submitted that during course of investigation, witnesses have simply stated that petitioner also went towards village Aurai along with Guddu Singh and other accused persons. During the course of investigation Ramesh Singh confessed his guilt and disclosed

Patna High Court Cr.Misc. No.34592 of 2015 (3) dt.16-10-2015 that he along with other accused persons strangulated Vijay Singh to death and his dead body was thrown into ditch. From perusal of para 53 of the case diary it appears that alias name of Rani is Manjula Singh and she from her mobile had called the deceased on the date of occurrence.

Considering the fact that the petitioner was also seen along with other accused persons in and around the house of Rani Devi, I am not inclined to grant anticipatory bail to the petitioner in connection with Puraini P.S. Case No. 41 of 2014 pending in the court of the learned Chief Judicial Magistrate, Madhepura. This application for grant of anticipatory bail is, accordingly, rejected.

The petitioner, if so advised, may surrender in the court below and pray for regular bail which shall be considered on its own merit, preferably on the same day, without being prejudiced by this order of rejection.

(Prabhat Kumar Jha, J) Amin/- U