Arun Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19626 of 2018 Arising Out of PS.Case No. -393 Year- 2017 Thana -KANTI THARMAL POWER DistrictMUZAFFARPUR ======================================================

1. Arun Mishra, Son of late Sukhdev Mishra Resident of Village-Sain Shiv Prasad Singh, P.S. Kanti District-Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Neeraj Kumar Alias Sanidh For the Opposite Party/s : Mr. Sri Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-05-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Kanti P.S.Case No.393 of 2017, registered for offences punishable under Sections 302 and201/34 of the Indian Penal Code.

Allegation against the petitioner is of pushing the deceased on the naked wire causing electric shock and due to that he died and his dead body was cremated.

Submission of the learned counsel for the petitioner is that there is delay of two days in lodging the FIR and from the case diary it appears that no wire of electric has been found at the place of occurrence.

Heard learned A.P.P. who has opposed the prayer for bail

Patna High Court Cr.Misc. No.19626 of 2018 (3) dt.17-05-2018 2/2 and my attention has been drawn towards para 8 and 9 wherein the witnesses have supported the prosecution case.. In such view of the matter, I am not inclined to grant anticipatory bail to the petitioner rather let the petitioner surrender before the learned court below within a period of four weeks from the date of receipt of the order and make prayer for regular bail, which will be considered by the learned court below on its own merit.

With the aforesaid direction, this application is dismissed. (Vinod Kumar Sinha, J) chn/- U