Patna High CourtCR. MISC./30866/2014rejected

Rajesh Yadav v. The State Of Bihar

2015-01-22Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30866 of 2014 Arising Out of PS.Case No. -319 Year- 2011 Thana -SHERGHATI District- GAYA ====================================================== Rajesh Yadav, S/o Late Shyamdeo Prasad, R/o village- Ghujji, P.S.- Sherghati, Distt.- Gaya .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar, Adv. For the Opposite Party/s : Mr. Sanjay Kumar Tiwary 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner, apprehending his arrest in connection with Sherghati P.S. Case No. 319 of 2011 registered for the offences punishable under Section 304 (B)/34 of the Indian Penal Code, seeks the privilege of pre-arrest bail. Allegedly, in absence of the husband of the sister of the informant, the petitioner being Devar and co-accused Dhanwa Devi being mother-in-law used to torture her and further the informant was informed that his sister has been killed and the accused persons had fled away and, accordingly, the informant lodged this case that the petitioner and co-accused after administering poison killed his sister.

Patna High Court Cr.Misc. No.30866 of 2014 (2) dt.22-01-2015 Submission is of false implication and there is no specific allegation against the petitioner and after knowing the truth the case has been compromised by the informant, to which the learned A.P.P. opposes the prayer of pre-arrest bail by submitting that against the petitioner and his mother, there is specific allegation.

Considering the submissions, urged at the bar, going through the record and noticing that it is not a fit case for prearrest bail and as such, the prayer of petitioner for pre-arrest bail stands rejected.

(Jitendra Mohan Sharma, J.) Vats/- U T