Patna High CourtCR. MISC./39750/2018dismissed

Rajeev Kumar @ Pappu Jee v. The State Of Bihar

2018-09-06Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39750 of 2018 Arising Out of PS.Case No. -866 Year- 2017 Thana -BETTIAH CITY DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Rajeev Kumar @ Pappu Jee S/o Late Bindhyachal Prasad, R/o Vill.- Raghunathpur, P.S.- Kesariya, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mr. Ajay Kumar Thakur Mr. Nitesh Kumar For the Informant :

Mr. Dinu Kumar Mr. Ajit Kumar Mr. Sudarshan Kumar For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-09-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Nagar Betia P.S.Case no.866 of 2017 dated 2.12.2017 registered for offences punishable under Section 302 of the Indian Penal Code.

The petitioner is not named in the FIR and later on his name transpired during the course of investigation of the case. Submission of the learned counsel for the petitioner is that three types of stories have come forward in this case and that shows that the deceased had illicit relation with Anjali Kumari and for that the deceased has been killed and the petitioner has been

Patna High Court Cr.Misc. No.39750 of 2018 (2) dt.06-09-2018 2/2 falsely implicated in this case.

Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail stating that processes under Sections 82 and 83 of the Cr.P.C. have already been issued against the petitioner and he is the main person at his instance the murder has taken place.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by the order of this Court.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U