Guddu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10585 of 2016 Arising Out of PS.Case No. -192 Year- 2015 Thana -KORHA District- KATIHAR ====================================================== Guddu Yadav, son of Prameshwar Prasad Yadav, resident of Mohalla - Barmashiya, P.S. - Katihar (S), District - Katihar. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bimal Kumar, Advocate For the Opposite Party/s : Mr. R.P.S. Singh(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 20-05-2016 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends arrest in connection with Korha P.S. Case No. 192/15 for offences alleged under Section 365 of the Indian Penal Code, but subsequently Sections 364, 201/34 I.P.C. have also been added.
The prosecution case, as lodged by the informant, is that on 28.09.2015 his son along with Tempo bearing No. BR 11T 7669 became traceless from Raberia Bazar. He tried to search out his son and the Tempo but failed.
It has been submitted by the learned counsel for the petitioner that the petitioner is not named in the First Information Report and his name surfaced only on the
Patna High Court Cr.Misc. No.10585 of 2016 (3) dt.20-05-2016 2/2 confessional statement of one Anand Sharma, who has been arrested by the police. He submits that the petitioner is GRP Stand Clerk and looks after passage of Tempo passing through there. He further submits that in the earlier cases in which petitioner has been made accused are incidental to his work as whenever any occurrence takes place at the stand petitioner's name is implicated. However, learned APP for the State submits that the son of the informant along with Tempo has not yet been recovered and the matter is under investigation, hence, opposes the prayer for bail.
Be that as it may, since the son of the informant Deepak Kumar Ray, has not yet been recovered and the matter is under investigation, I am not inclined to grant the petitioner privilege of anticipatory bail in connection with Korha P.S. Case No. 192/15, pending in the court of Judicial Magistrate 1st Class, Katihar, which is hereby rejected.
(Nilu Agrawal, J.) Rajesh/- U T