Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70629 of 2018 Arising Out of PS. Case No.-26 Year-2018 Thana- UPHARA DistrictAurangabad ====================================================== Chandan Kumar S/o Dinanath Yadav, resident of Village- Dahru Bigha, P.S. Uphara, District- Aurangabad.

... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Bhaskar Shankar, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 304(B), 201, 34 of the Indian Penal Code registered in connection with Uphara P.S. Case No. 26 of 2018.

3. It is submitted that the petitioner has been falsely implicated merely because he happens to be husband of the deceased, who, as a matter of fact, died as she was suffering from diarrhoea and the petitioner was taking her to hospital. It is further submitted that the informant has appeared and filed a petition before the learned Court below except that her daughter died of diarrhoea and he along with others participated in her last rites.

Patna High Court CR. MISC. No.70629 of 2018(3) dt.28-02-2019 2/2

4. Having regard to the nature of accusations and the gravity of the offence alleged, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. The anticipatory bail petition stands dismissed.

5. Considering the submission of the petitioner that the informant has himself diluted the case by filing a petition before the learned Court below, as aforesaid, if the petitioner surrenders and seeks for regular bail before the Court below, the same shall be considered and disposed of on its own merits. (Vikash Jain, J) Ibrar//- U T