Dinesh Singh @ Dineshwar Prasad Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.42890 of 2017 (3) dt.18-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42890 of 2017 Arising Out of PS.Case No. -39 Year- 2017 Thana -DINARA District- SASARAM (ROHTAS) ======================================================

1. Dinesh Singh @ Dineshwar Prasad Singh Son of Kesho Singh, R/o Village- Garigawan, P.S.- Dinara (Bhanas O.P.), District- Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kanhaiya Pandey, Advocate For the Opposite Party/s : Mr. Sri Rajendra Nath Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-10-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Dinara Police Station Case No. 39 of 2017, disclosing offences under Sections 302/34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner is said to be Organizer of Chacha Nehru Residential School in which the deceased used to reside in hostel. As a matter of fact, the deceased has committed suicide being frustrated and annoyed by the act of his father. The F.I.R. has been lodged on 22.02.2017 whereas the same has been received in the court on 25.02.2017

Patna High Court Cr.Misc. No.42890 of 2017 (3) dt.18-10-2017 after lapse of three days which creates doubt over the prosecution version. There is no eye witness to the alleged occurrence supporting the allegation. Hence, the petitioner deserves the privilege of anticipatory bail. Learned A.P.P. has opposed the prayer for anticipatory bail and submitted that this petitioner is solely responsible for the death of son of informant. According to post mortem report, a symmetrical ligature mark over upper part of neck has been found on the deceased and it is observed by the doctor that the deceased died by strangulation of his neck. Investigation of this case is still going on. Considering the facts and circumstances of the case, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of this petitioner is rejected.

(Arvind Srivastava, J.) Brajesh/- U T