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Patna High CourtCR. MISC./30239/2019dismissed

Raju Yadav @ Raj Kumar Yadav v. The State Of Bihar

2019-07-18Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30239 of 2019 Arising Out of PS. Case No.-480 Year-2018 Thana- KHAJEKALA District- Patna ====================================================== RAJU YADAV @ RAJ KUMAR YADAV, Son of Fuli Gop @ Ramdeo Yadav Resident of Village- Sui Ki Masjid, Nimtal, P.S.- Khajekalan, and DistrictPatna. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Ms.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-07-2019 Petitioner seeks bail in anticipation of his arrest in connection with Khajekala P.S. Case No. 480 of 2018 registered for the offences punishable under Sections 302, 120B and 34 of the Indian Penal Code.

Prosecution story is that husband of the informant was killed by two other accused persons and allegation is that he left with them and thereafter it is alleged that they killed him. Further prosecution case is that earlier petitioner has made firing on the husband of the informant for what she has lodged an FIR being Khajekalan P.S.Case No. 98 of 2015 and he was also threatening her to withdraw the case.

Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and FIR clearly

Patna High Court CR. MISC. No.30239 of 2019(3) dt.18-07-2019 2/2 shows that husband of the informant has been killed by two other co-accused persons.

Heard learned APP, who has opposed the prayer for anticipatory bail on the ground that materials collected during investigation disclosed that earlier petitioner made firing on the deceased and in that case petitioner made threat to the informant to withdraw the case.

In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. He may surrender and pray for regular bail. With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T