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Patna High CourtCR. MISC./13000/2017dismissed

Sanjay Kumar Singh @ Mannu @ Sanjiv Kumar Singh v. The State Of Bihar

2017-04-07Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13000 of 2017 Arising Out of PS.Case No. -273 Year- 2015 Thana -CIVIL LINES District- GAYA ====================================================== Sanjay Kumar Singh @ Mannu @ Sanjiv Kumar Singh @ Bageshwar Singh, Son of Baleshwar Singh, Resident of Village-Kalyanpur, P.S.- Tekari, District-gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Kumar Kumar, Advocate. For the Opposite Party/s : Mr. Mukeshwar Dayal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-04-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Civil Lines P.S. Case No.273 of 2915 instituted for the offence under Section 302 of the Indian Penal Code.

There is allegation in the written report that on 18.8.2015 the deceased informed on telephone weepingly that she is mentally upset on account of altercation with her husband. She also informed that for last three days she was not in talking term with her husband. It is further alleged that on 19.8.2015 husband of the deceased informed that sister of the informant has committed suicide.

The post mortem report is available in the case diary wherein it is stated that ligature mark on the neck of the deceased

Patna High Court Cr.Misc. No.13000 of 2017 (3) dt.07-04-2017 2/2 was found.

It has been submitted on behalf of the petitioner that a petition has been filed before the D.I.G. Gaya, by the informant that his sister has committed suicide. Similar petition has also been filed before the learned Chief Judicial Magistrate, Gaya, copy of which is enclosed as Annexure-4. These are the grounds for regular bail to be considered by the court below at the time of surrender.

Considering the facts and circumstances of the case, this Court does not find it a fit case for grant of anticipatory bail to the petitioner.

The prayer for anticipatory bail of the petitioner stands rejected.

The petitioner is directed to surrender before the court below and make prayer for regular bail and the court below will dispose off the case on the same day in accordance with law without being prejudiced by this order.

(Sanjay Priya, J) S.Ali/- U T