Patna High CourtCR. MISC./18517/2016rejected

Basudeo Ram v. The State Of Bihar

2016-07-25Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18517 of 2016 Arising Out of PS.Case No. -74 Year- 2013 Thana -PUPRI District- SITAMARHI ====================================================== Basudeo Ram Son of Sukeshwar Ram, Resident of Village - Rampur Khurd (Rain Tola), P.S. - Pupari, District - Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar, Adv. For the Opposite Party/s : Ms. Renu Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-07-2016 Heard both sides.

The petitioner apprehends his arrest in Pupari P.S. Case No. 74/2013, registered for the offences punishable under Sections 304B, 201 and 34 of the Indian Penal Code.

It is submitted that petitioner is father-in-law of the deceased, but his prayer for anticipatory bail petition was earlier rejected vide order dated 27.03.2014 passed in Cr. Misc. 28095/2013. Some of the accused persons were arrested and the police submitted charge-sheet. They were put on trial. During the course of trial, five witnesses including the informant were examined, but they did not support the prosecution case. It appears that petitioner is father-in-law of the deceased, the dead body of the deceased was hurriedly cremated and half

Patna High Court Cr.Misc. No.18517 of 2016 (2) dt.25-07-2016 2/2 burnt dead body was recovered by the police on the information given by the informant and the present F.I.R. was lodged. The prayer for anticipatory bail petitioner was rejected vide order dated 27.03.2014 and for more than two years petitioner has been evading his arrest and did not surrender in the court below. Considering the facts aforesaid, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrender in the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail learned court below shall consider his case on its own merit.

(Prabhat Kumar Jha, J.) Vinita/- U T