Kamlesh Kumar @ Kamlesh Mahto v. The State Of Bihar
Patna High Court CR. APP (SJ) No.2082 of 2017 (3) dt.19-08-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2082 of 2017 Arising Out of PS.Case No. -185 Year- 2015 Thana -TARIYANI CHOWK District- SHEOHAR ======================================================
1. Kamlesh Kumar @ Kamlesh Mahto Son of Nageshwar Mahto, R/o Village- Sarwarpur, P.S.- Tariyani, District- Sheohar. .... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Satish Chandra For the Respondent/s : Smt. Usha Kumari Special P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-08-2017 The appellant seeks pre arrest bail in connection with Tariyani P.S. Case No. 185 of 2015, registered for offences punishable under Sections 366(A)/34, 302, 376(D) and 120B/34 of Indian Penal Code and section 3 (i)(xii) of SC/ST Act. Allegation against the petitioner is of kidnapping the minor girl of the informant and killing her.
Submission of learned counsel for the appellant that he has not been named in the F.I.R, his name transpired in this case during the course of investigation only on the basis of suspicion and save and except confession there is nothing against him. Heard learned Special P.P. opposed the prayer for bail on the ground of maintainability.
Having heard both sides, considering the facts and
Patna High Court CR. APP (SJ) No.2082 of 2017 (3) dt.19-08-2017 circumstances of the case and the nature of allegation, I am not inclined to grant the privilege of pre arrest bail to the appellant, let appellant surrender before the special court and make prayer for regular bail and if any such application is filed, the special court after considering the above submission of learned counsel for the appellant and also other materials available on record, shall pass an appropriate order, preferably on the same day, without being prejudiced by the order of this Court.
With the above observation, this appeal is disposed of. (Vinod Kumar Sinha, J) sunil/- U T