Kailash Kumar @ Kailash Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33371 of 2024 Arising Out of PS. Case No.-569 Year-2023 Thana- RAJAON District- Banka ====================================================== Kailash Kumar @ Kailash Sharma son of Ajay Sharma @ Ajay Tanti VillageRamchandrapur,P.O.-BHADARIYA P.S.- Amarpur, Dist-Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Murlidhar Mishra, Advocate For the Opposite Party/s :

Mr.Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in Rajaun P.S. case No. 569 of 2023 registered under Section 306/34 of the Indian Penal Code.

3. The prosecution allegation, in short, is that the daughter of the informant died and the informant suspects that the accused persons after hatching conspiracy gave poison to the daughter of the informant due to which he died in course of treatment.

4. It has been submitted on behalf of the petitioner that the petitioner is innocent and has falsely been implicated in this case. The petitioner has got no criminal

Patna High Court CR. MISC. No.33371 of 2024(2) dt.30-04-2024 2/3 antecedent. The present is a case of love affairs and the deceased committed suicide as her parents were not aggreable to her marriage with the petitioner. Except for general and omnibus allegation and the statement of the informant, there is nothing alleged against the petitioner. There is no any overt act alleged against the petitioner. During the course of investigation, nothing adverse had come against this petitioner. Learned counsel for the petitioner further submits that no case of abatement is made out against the petitioner.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. He submits that the petitioner is named in the F.I.R. The allegation of abatement is against the petitioner and as such, he does not deserve anticipatory bail.

6. Considering the nature of allegation and gravity of offence, this Court is not inclined to grant anticipatory bail to the petitioner. The prayer is rejected.

7. The petitioner is directed to surrender in the Court below and seeks regular bail. If any such application is filed before the Court below, the same shall be considered

Patna High Court CR. MISC. No.33371 of 2024(2) dt.30-04-2024 3/3 on its own merit without being prejudiced by this order. (Rudra Prakash Mishra, J) Pankaj/- U T