Alok Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51950 of 2024 Arising Out of PS. Case No.-1037 Year-2023 Thana- AGAMKUAN District- Patna ====================================================== ALOK KUMAR SINGH S/O SRI RAMESH PRASAD SINGH R/O VILLAGE- LADAUR, P.S- GAIGHAT, DISTT.- MUZAFFARPUR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arbind Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner is apprehending his arrest in connection with Agamkuan P.S. Case No.1037 of 2023, registered for the offence punishable u/s 302 of the IPC.

3.

Allegation against the petitioner is of killing the niece of the informant.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence. He has been falsely implicated in this case due to ulterior motive. No such occurrence in the manner as alleged has ever taken place. It is submitted that after death of father of deceased, brother of deceased also died in very suspicious circumstance few months ago and the mother of the deceased is suffering with

Patna High Court CR. MISC. No.51950 of 2024(2) dt.04-09-2024 2/2 serious mental problem and then the deceased, the single surviving girl child of her parents has been killed. Informant is the full brother of the father of the deceased and he in collusion with antisocial elements and the police, managed to kill his niece with sole intention to grab the share in property of his deceased brother. It is submitted that there is no eye-witness to the alleged occurrence and the petitioner has no role in the alleged murder. Petitioner has no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Considering the aforesaid facts and circumstances and the nature of offence, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7.

This application is accordingly dismissed.

8.

However, petitioner is at liberty to surrender before the learned Court below within a period of six weeks and seek regular bail and the learned Court below would pass order, preferably, on the same day, in accordance with law, without being prejudiced of the present order.

(Anjani Kumar Sharan, J) pallavi/- U T