Patna High CourtCR. MISC./39585/2017rejected

Subodh Kumar @ Subodh Paswan v. The State Of Bihar

2017-09-13Mr. Justice Rajendra Kumar Mishra2 pages

Patna High Court Cr.Misc. No.39585 of 2017 (2) dt.13-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39585 of 2017 Arising Out of PS.Case No. -264 Year- 2015 Thana -SAKRA District- MUZAFFARPUR ====================================================== Subodh Kumar @ Subodh Paswan, Son of Suman Paswan, R/o VillageNarsinghpur, Nautan, P.S.- Sakra, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nachiketa Jha For the Opposite Party/s : Mr. Sri S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-09-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sakra P.S. Case No. 264 of 2015, registered under Sections 341, 323, 302 and 504/34 of the Indian Penal Code, pending in the court of Chief Judicial Magistrate, Muzaffarpur. The accusation is that seven persons named in the F.I.R. including the petitioner entered in the house of Khusbu Devi, daughter-in-law of the informant, and made query about concealing the son of Suman Paswan. When she showed her ignorance then she was killed by pressing her neck. At that time, when the informant raised alarm then she was also assaulted by Suman Paswan and Sudhir Paswan.

Patna High Court Cr.Misc. No.39585 of 2017 (2) dt.13-09-2017 Learned counsel for the petitioner submits that while the occurrence is said to be of 13.08.2015 and on same day the F.I.R. was lodged, but the F.I.R. was sent to the court of Chief Judicial Magistrate after four days on 17.08.2015. Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T