Patna High CourtCR. MISC./15551/2014rejected

Nagina Rai v. The State Of Bihar

2014-12-23Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15551 of 2014 Arising Out of PS.Case No. -155 Year- 2013 Thana -BEUR District- PATNA ====================================================== Nagina Rai S/O Late Chulhai Rai Resident Of Mohalla Sipara, P.S. Beur, District Patna.

.... .... Petitioner.

Versus

The State Of Bihar .... .... Opposite Party.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 23-12-2014 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Beur P.S. Case No. 155 of 2013 registered under Sections302, 120B/34 of the Indian Penal Code and 27 of the Arms Act. The petitioner is named in the first information report and the informant claimed that when he went on the place of occurrence, he saw the petitioner and some other accused, running from the place of occurrence. The statement of eye witness namely, Shekhar Kumar was recorded u/S 164 of the Cr.P.C. in which, he specifically, stated that the assailants came out from the office of the petitioner and furthermore, the aforesaid witness also stated that there was some dispute between the deceased and one Raghunath Rai, prior to the alleged occurrence and when this

Patna High Court Cr.Misc. No.15551 of 2014 (4) dt.23-12-2014 2/2 petitioner was requested by the informant, he agreed to play the role of mediator but later on, he refused to do so. Regard being had to the aforesaid facts and circumstances as well as submission of the parties; I am not inclined to grant the privilege of anticipatory bail to the petitioner. Accordingly, his prayer for anticipatory bail stands rejected. However, this order shall not cause any prejudice to the concerned court at the time of consideration of regular bail application of the petitioner, if, he surrenders and seeks regular bail before the concerned court within six weeks from today. (Hemant Kumar Srivastava, J) A.K.V./- U T