Patna High CourtCR. MISC./42833/2018dismissed

Shailendra Ram v. The State Of Bihar

2018-08-09Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42833 of 2018 ======================================================

1. Shailendra Ram Son of Nanhaku Ram Resident of Village- Akbarpur, P.S. Paliganj, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar Singh For the Opposite Party/s : Mr. Sri Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-08-2018 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends his arrest in Paliganj P.S. Case No. 121/2014, instituted for the offences punishable under Sections 302/34 of the Indian Penal Code.

In the written report it is alleged that father of the informant had gone with this petitioner along with others, but he did not return to the house. The dead body was recovered on the next day from Lakhanipur Mor near Pipal tree. Learned Additional P.P. after looking into case diary has submitted that it is mentioned in para 119 and 125 of the case diary that the processes under Section 82 has already been issued against this petitioner and the same has been executed by the police and the court has also ordered for attachment of property

Patna High Court Cr.Misc. No.42833 of 2018 (3) dt.09-08-2018 2/2 under provision of Section 83 of the Cr.P.C.

In such circumstances, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is rejected. The petitioner is directed to surrender before the Court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail, which shall be considered on its own merit without being prejudiced by this order. The court below shall dispose of the bail petition of petitioner preferably on the same day.

(Sanjay Priya, J.) Rakhi U T