Patna High CourtCR. MISC./11552/2015rejected

Suresh Yadav v. The State Of Bihar

2015-04-30Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11552 of 2015 Arising Out of PS.Case No. -9 Year- 2014 Thana -IMAMGANJ District- GAYA ======================================================

1. Suresh Yadav son of Deoraj Yadav, Resident of village- Kaloi(Rohway), P.S. Imamganj, Dist.- Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. S. Jamil Akhtar For the Opposite Party/s : Mr. A.K. Choudhary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 30-04-2015 Heard learned counsel for the petitioner as well as leaned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Imamganj P.S. Case No. 09 of 2014 registered under Sections-304(B), 201/34 of the Indian Penal Code. The petitioner happens to be husband of the deceased who died in other than normal circumstances and the informant has specifically, stated that the marriage of the deceased had taken place between 6-7 years ago and he was subjected to cruelty and harassment due to non-fulfillment of illegal demand. Learned counsel, appearing for the petitioner submits that the informant lodged this case under misconception but when he realized his fault, he entered into compromise and taking note

Patna High Court Cr.Misc. No.11552 of 2015 (3) dt.30-04-2015 of the aforesaid compromise, almost all the other accused have already been admitted to bail.

Regard being had to the facts and circumstances of the case as well as submissions of the parties, I am not inclined to extend the privilege of anticipatory bail to the petitioner and, accordingly, his prayer for anticipatory bail in connection with Imamganj P.S. Case No. 09 of 2014 stands rejected. However, if the petitioner surrenders and seeks regular bail before the court below within four weeks from today, the concerned court shall consider the regular bail application of the petitioner on its own merit, without being prejudiced by this rejection order, particularly, keeping in mind the factum of compromise.

(Hemant Kumar Srivastava, J) A.K.V./- U T