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Patna High CourtCR. MISC./55771/2017dismissed

Anwar v. The State Of Bihar

2017-12-22Mr. Justice Sanjay Priya2 pages

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IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55771 of 2017 Arising Out of PS.Case No. -286 Year- 2017 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ======================================================

1. Anwar, son of Md. Ali Sah, resident of village- Mordiba, P.S. Mufassil, District Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nachiketa Jha, Advocate For the Opposite Party/s : Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 22-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Mufassil P.S. Case No.286 of 2017 instituted for the offence under Section(s) 307/34 and other allied sections of the Indian Penal Code pending in the Court of the Additional Chief Judicial Magistrate, 5th, Samastipur.

In the written report, it is alleged against this petitioner that he poured kerosene oil on the body of daughter of the informant and one Amzad ignited the match-stick causing burn injuries to her.

The Investigating Officer has mentioned in para 8 of the case diary that statement of the victim, who was 14 years, was video-graphed in which she has specifically stated that on

Patna High Court Cr.Misc. No.55771 of 2017 (3) dt.22-12-2017 2/2 the order of Mehrun Khatoon this petitioner poured kerosene oil and Amzad ignited the match stick. The victim has subsequently died.

In such circumstances, this Court does not find it a fit case for grant of anticipatory bail.

Prayer of the petitioner for grant of anticipatory bail is rejected.

Petitioner may surrender before the Court below and seek regular bail, which shall be considered and disposed off in accordance with law without being prejudiced by this order. (Sanjay Priya, J) JA/- U T