Dhananjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 47485 of 2014 Arising Out of PS.Case No. -158 Year- 2013 Thana -ROHTAS District- SASARAM (ROHTAS) ====================================================== Dhananjay Kumar Son of Shri Shiv Dular Singh @ Sheo Dular Singh, Resident of Nawadih (Dhelabad), P.S. and District- Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 19-05-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends arrest in Rohtas P.S. Case No. 158 of 2013 dated 11.10.2013 instituted under Sections 302/328/120B/34 of the Indian Penal Code. The allegation against the petitioner who is the grandson of the deceased is that he alongwith others had poisoned him, the informant being their grandmother i.e., wife of the deceased.

Learned counsel for the petitioner submits that only at the instance of another son-in-law of the informant, the petitioner has been implicated due to property dispute. It is submitted that as a matter of fact his grandfather died due to illness and heart trouble. It is further submitted that the petitioner has clean antecedent. Learned counsel has drawn the attention of the Court to order dated 13.11.2014 passed in

Patna High Court Cr.Misc. No.47485 of 2014 (2) dt.19-05-2015 2/2 Cr. Misc. No. 23797 of 2014 by a co-ordinate Bench by which Shiv Dular Singh @ Sheo Dular Singh's provisional anticipatory bail has been confirmed in view of the viscera report which discloses that no metallic, Alkaloidal etc. or Volatile poison has been detected.

Learned A.P.P.

opposes the prayer for anticipatory bail.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas in Rohtas P.S. Case No.158 of 2013, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973. (Ahsanuddin Amanullah, J.) Anand Kr.

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