Guddu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1073 of 2019 Arising Out of PS. Case No.-224 Year-2017 Thana- GAIGHAT District- Muzaffarpur ====================================================== Guddu Singh Son of Suresh Singh @ Suresh Prasad Singh Village- Bela Gopi P.S. Gaighat, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Sri Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-02-2019 Heard the parties.

The petitioner seeks anticipatory bail in connection with Gaighat P.S.Case No. 224 of 2017, registered for offences punishable under Sections 302/34 of the Indian Penal Code. Allegation as per F.I.R. against the petitioner and other accused persons is that they tied the deceased in a Chauki and poured kerosene oil on her body and set her on fire and also thrown her daughter on her lap and closed the door, causing death.

Submission of the learned counsel for the petitioner is that there is no specific allegation has been attributed against the petitioner and further more charge sheet has been submitted under Sections 306 and not under Section 302/34 of the I.P.C.. Learned A.P.P. as well as learned counsel for the

Patna High Court Cr.Misc. No.1073 of 2019(4) dt.20-02-2019 2/2 informant opposes the prayer for bail and there is specific allegation against the petitioner that they tied the deceased in Chouki and thereafter the other co-accused set her on fire, causing death.

Considering the facts and circumstances as stated above, I am not inclined to grant bail to the petitioner, Accordingly, prayer of anticipatory bail is rejected with a direction to the petitioner that if the petitioner surrender before the court below within a period of four weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by this order of this Court on the same day. This application is accordingly disposed of. (Vinod Kumar Sinha, J) sudha/- U T