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Patna High CourtCR. MISC./75735/2018dismissed

Upendra Kumar Yadav @ Upendra Kumar Roy v. The State Of Bihar

2019-01-31Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75735 of 2018 Arising Out of PS. Case No.-53 Year-2018 Thana- GAUTAMBUDHNAGAR District- Siwan ====================================================== Upendra Kumar Yadav @ Upendra Kumar Roy S/o Shankar Rai R/o VillageGohpur, P.S. G.B. Nagar, District- Siwan. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Ajay Kumar Pandey, Advocate For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 31-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 304(B)/34 of the Indian Penal Code registered in connection with G.B. Nagar P.S. Case No. 53 of 2018.

3. It is submitted that the petitioner has been falsely implicated merely because he happens to be husband of the deceased and the petitioner was not present at the time of occurrence. It is submitted that the deceased died as a result of her Saree being caught fire during cooking. It is further submitted that parents of the petitioner, namely, Shankar Rai and Ramawati Devi have been granted anticipatory bail by a coordinate Bench of this Court vide order dated 01.08.2018 passed in Cr. Misc. No. 44684 of 2018. The petitioner claims clean antecedents.

4. Having regard to the nature of accusations and gravity of offence alleged, this Court is not inclined to grant anticipatory bail to the petitioner. The anticipatory bail petition stands dismissed.

5. If the petitioner surrenders and seeks regular bail before the learned trial Court the same shall be considered on its own merit

Patna High Court Cr.Misc. No.75735 of 2018(3) dt.31-01-2019 2/2 in accordance with law and without being prejudiced by any observation in the present order.

BT/- (Vikash Jain, J) U T