Patna High CourtCR. MISC./42982/2016rejected

Om Prakash Rai @ Om Prakash Kumar v. The State Of Bihar

2017-05-04Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.42982 of 2016 (6) dt.04-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42982 of 2016 Arising Out of PS.Case No. -77 Year- 2016 Thana -BHELDI District- SARAN ======================================================

1. Om Prakash Rai @ Om Prakash Kumar, son of Late Chandrika Rai, resident of Village- Paiga Sadar, P.O.- Paiga, P.S.- Bheldi, District- Saran at Chapra.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Udai Shankar Singh For the Opposite Party/s : Mr. Sri Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 04-05-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Bheldi Police Station Case No. 77 of 2016, disclosing offences under Sections 302/34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that there is general and omnibus allegation against this petitioner and no specific overt act is attributed to him. The petitioner happens to be the brother of the husband of the deceased is an employee of Artificial Limbs Manufacturing Corporation of India and he does not live with his brother, therefore, he has no concern with the alleged occurrence. Hence, the petitioner deserves the privilege of anticipatory bail.

Patna High Court Cr.Misc. No.42982 of 2016 (6) dt.04-05-2017 Learned A.P.P. has opposed the prayer for bail of this petitioner and submitted that witnesses have supported the prosecution version which is evident from paragraphs 13 and 15 of the case diary.

Considering the facts and circumstances of the case, this Court is not inclined to grant the privilege of anticipatory bail of this petitioner. Accordingly the prayer for anticipatory bail of this petitioner is, hereby, rejected. (Arvind Srivastava, J.) Brajesh/- U T