Bigan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20692 of 2016 Arising Out of PS.Case No. -150 Year- 2013 Thana -KOCHAS District- SASARAM (ROHTAS) ====================================================== Bigan Chaudhary Son of Tapsi Singh Resident of Village- Bharadih, Police Station- Kochas, District Rohtas at Sasaram.

.... .... Petitioner/s

Versus

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

For the Petitioner : Mr. Raghunandan Kr. Singh, Advocate. For the Opposite Party/s : Mr. Parmeshwar Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-07-2016 Heard both sides.

The petitioner apprehends his arrest in Kochas P.S. Case No. 150 of 2013 registered under Section 302 and other sections of the Indian Penal Code.

The wife of the deceased alleged that the petitioner called her husband to go to Village Bharadih. Her husband went along with the petitioner but her husband did not return. Learned counsel for the petitioner submits that the Call Detail Report of the petitioner was taken out and it has nowhere come that the petitioner had any talk with the deceased.

It appears that the informant has very categorically stated that the petitioner called her husband and her husband went along with the petitioner but her husband did not return. The petitioner had taken a loan of rupees three lacs from the deceased

Patna High Court Cr.Misc. No.20692 of 2016 (3) dt.19-07-2016 2/2 and because of this fact the petitioner and others killed the husband of the informant. Punna Sah @ Puna Sah @ Ajit @ Ajeet Kumar and Pintu Sah @ Gopal Sah have been granted anticipatory bail but their case is quite different. There is a very specific allegation that it was the petitioner who called the deceased and thereafter his dead body was recovered.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail in Kochas P.S. Case No. 150 of 2013. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) Dilip/- U T