Chhotelal Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.17779 of 2015 (2) dt.09-06-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17779 of 2015 Arising Out of PS.Case No. -39 Year- 2015 Thana -RAXAUL District- EASTCHAMPARAN(MOTIHARI) ====================================================== Chhotelal Yadav Son of Vikram Yadav resident of village- Mahadeva, Police Station- Raxaul, District- East Champaran. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 09-06-2015 The petitioner apprehends his arrest in relation to Raxaul (Haraiya) P.S. Case No. 39/2015 registered under Sections 328 and 302 of the Indian Penal Code pending before Sub-Divisional Judicial Magistrate, Raxaul at Motihari.

The informant, who is mother of the deceased Annu Devi, alleges that Annu Devi was married to one Ajay Patel in the year 2009, but petitioner, about six months back, had abducted her and was living in the house of one Ghanshyam Sah. On the fateful night wife of Ghanshyam Sah consumed poison. Annu Devi and Ghanshyam Sah got her admitted in hospital. Petitioner was called to the hospital but soon thereafter Annu Devi also collapsed and she was admitted in the hospital where she died. It is, accordingly, alleged that petitioner had

Patna High Court Cr.Misc. No.17779 of 2015 (2) dt.09-06-2015 poisoned Annu Devi. The cause of death is not yet definite and the investigation is going on.

In my view, the allegations being serious in nature, it is not a case to grant anticipatory bail to the petitioner. It is, accordingly, dismissed.

However, petitioner is directed to surrender before the court below within a period of four weeks from today and seek regular bail where his prayer may be considered on its own merit without being prejudiced to the order of this Court.

(Navaniti Prasad Singh, J.) Rajeev/- U T