Kartik Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40190 of 2016 Arising Out of PS.Case No. -59 Year- 1996 Thana -BARHARA District- PURNIA ====================================================== Kartik Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vikram Singh For the Opposite Party/s : Mr. Sri Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 05-10-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner, namely, Kartik Singh apprehends his arrest in Barahara P.S. Case No.59 of 1996 under Sections 341, 342, 323, 364/34 I.P.C.

Learned counsel for the petitioner submitted that he had no knowledge about the pendency of the case, therefore, he did not participate in the trial when his son Mithilesh Singh faced the trial. The son of the petitioner has already been acquitted in the case. According to the learned counsel, there is absolutely no material against the petitioner in the case-diary.

On the other hand, the learned A.P.P. objected the prayer for bail.

From perusal of the order dated 29.07.2016 passed by

Patna High Court Cr.Misc. No.40190 of 2016 (4) dt.05-10-2016 Sessions Judge, Purnea, it appears that the court below found that the petitioner is absconding since 1996. As has been admitted by learned counsel for the petitioner that his son faced the trial, can it be said that the petitioner had no knowledge about the case. It is not alleged that there is any such strained relationship between the father and the son.

Since this is a case of absconding since 1996, in my opinion, it is not a case for anticipatory bail. Therefore, this anticipatory bail application is rejected.

(Mungeshwar Sahoo, J) Harish/- U