Harendra Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34956 of 2016 Arising Out of PS.Case No. -78 Year- 2015 Thana -SIGORI District- PATNA ====================================================== Harendra Bind, S/o Late Sakaldeep Bind, R/o Village:- Beldarichak, P.S:- Sigori, P.O:- Sigori, Distt:- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner : Mr. N.K. Agrawal, Sr. Advocate Md. Mushtaque Alam, Advocate Mr. Ajay Kumar, Advocate For the State : Mr. Murli Dhar, APP For the informant : Mr. Vijay Kr. Sinha, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 26-10-2016 Heard learned counsel for the petitioner, learned APP for the State and learned counsel appearing on behalf of the informant.

Petitioner apprehends arrest in connection with Sigori P.S. Case No. 78/15 for offences alleged under Sections 302, 201/34 of the Indian Penal Code.

The prosecution case is that the husband of the informant Shambhu Bind was in the house of co-accused Binod Chaudhary @ Tarva where petitioners and other co-accused were also present. They were having food. Thereafter the headless dead body of the husband of the informant as well as the skull was recovered.

Patna High Court Cr.Misc. No.34956 of 2016 (3) dt.26-10-2016 2/2 It has been submitted by the learned counsel for the petitioner that there is no eye-witness to the alleged occurrence and during investigation it has come to light that the sister of co-accused Binod Chaudhary was having illicit relationship with the deceased. He submits that some of the similarly situated co-accused have been granted regular bail by this Court.

However, learned counsel for the informant points out that anticipatory bail application of another co-accused Bharosa Yadav @ Ram Bharosa Yadav @ Ram Bharosa Singh has been rejected by this Court.

Considering the nature of allegation, I am not inclined to grant the petitioner privilege of anticipatory bail. This application is, accordingly, rejected. However, petitioner is directed to surrender before the court of Sri Shamal Kumar, J.M., Danapur in connection with Sigori P.S. Case No. 78/15 and pray for regular bail, which shall be decided on its own merit without being prejudiced with this order.

Application stands disposed of.

(Nilu Agrawal, J.) Rajesh/- U T