Patna High CourtCR. MISC./38893/2015dismissed

Navin Yadav v. The State Of Bihar

2015-12-07Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38893 of 2015 Arising Out of PS.Case No. -401 Year- 2011 Thana -BIHPUR District- BHAGALPUR ====================================================== Navin Yadav S/o Congress Yadav Resident of Village Narayanpur, P.S. Bihpur (Bhawanipur), District Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamlesh Kumar Pathak For the Opposite Party/s : Mr. Md.Nazir Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-12-2015 Heard both sides.

The petitioner apprehends his arrest in a case under Sections 364, 302, 201 and 120(B) of the Indian Penal Code. The complainant filed a complaint petition on the basis of which the present F.I.R. is lodged. The informant made allegation that the petitioner and others took her son for employment to Himachal Pradesh. It is alleged that the petitioner took compensation from the Company after killing her son. The learned counsel submits that during the course of investigation, the sister of the deceased made allegation that firstly the petitioner took her brother to Himachal Pradesh but her brother returned and thereafter Rajesh Yadav took his brother to Himachal Pradesh but his brother did not return. It appears that the informant has made allegation against the petitioner and other accused persons that

Patna High Court Cr.Misc. No.38893 of 2015 (3) dt.07-12-2015 2/2 they took her son to Himachal Pradesh for employment but her son was killed. After investigation, the police submitted chargesheet. Similarly situated co-accused persons, namely, Rajesh Yadav and others have already been granted regular bail vide order passed in Cr. Misc. No. 2460/2015. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail in Bihpur (Bhawanipur) P.S. Case No. 401 of 2011. Accordingly, the same is rejected. The petitioner, if so advised, may surrender in the court below and make prayer for regular bail. The court below shall consider the prayer for regular bail of the petitioner taking into consideration that similarly situated accused persons have been granted regular bail.

(Prabhat Kumar Jha, J) Dilip/- U T