Lalbabu Choudhary @ Lal Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40010 of 2016 Arising Out of PS.Case No. -120 Year- 2016 Thana -NANPUR District- SITAMARHI ======================================================

1. Lalbabu Choudhary @ Lal Choudhary S/o Bindeshwar Choudhary Resident of Village- Gaura , P.S. Nanpur District Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Kumar For the Opposite Party/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-09-2016 Heard both sides.

The petitioner apprehends his arrest in Nanpur P.S. case No. 120 of 2016 under Section 302, 120B of the Indian Penal Code and under Section 3(x) (vi) of SC/ ST Act. The informant alleged that the petitioner called her husband, Vishwanath Paswan, to drive his vehicle. Her husband went to the house of petitioner at about 10 AM in the morning but she got information at about 12 that dead body of her husband was found lying near big pond.

The learned counsel for the petitioner submits that petitioner was driving the Bolero jeep of the petitioner but the vehicle was found near Mahua Gachhi Bazar in which Gamcha and mobile of the deceased were found and on mere suspicion the

Patna High Court Cr.Misc. No.40010 of 2016 (2) dt.22-09-2016 2/2 name of petitioner has come.

Considering the fact that petitioner called the deceased for driving the vehicle and after two hours the dead body of the deceased was found near big pond of the village, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T