Ravi Kumar Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.40187 of 2016 (3) dt.22-11-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40187 of 2016 Arising Out of PS.Case No. -18 Year- 2016 Thana -BHOJPUR GRP CASE District- BHOJPUR ======================================================

1. Ravi Kumar Singh Son of Guru Dayal Singh Resident of village- Theka, Police Station- Krishna Braham, District- Buxar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Dwivedi For the Opposite Party/s Mr. Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 22.11.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State assisted by learned counsel for the informant.

Petitioner apprehends his arrest in connection with Buxar Rail P. S. case no. 18/2016 registered under section 302 of the Indian Penal Code.

Petitioner is named in the first information report but it is admitted case of the prosecution that the informant is not an eyewitness of the alleged occurrence and he came to know about the alleged occurrence through newspaper. Dead body of the deceased was found on a railway track and witnesses vide paras 16, 17 etc. supported this fact that on the alleged date of occurrence, they had seen a boy and a girl talking each others and in the meantime, girl came running and jumped on a railway track.

In course of investigation, it was found that the deceased

Patna High Court Cr.Misc. No.40187 of 2016 (3) dt.22-11-2016 used to talk with the petitioner and tower location of mobiles of the petitioner as well as deceased was found near railway station on the alleged date of occurrence.

Considering the aforesaid facts and circumstances as well as submissions of the parties, in my view, it is not a fit case for grant of anticipatory bail and accordingly, his prayer for anticipatory bail in connection with the above stated case stands rejected. However, this order shall not cause any prejudice to the competent court while considering regular bail application of the petitioner, if the petitioner surrenders within six weeks from the date of receipt of this order to the concerned court and seeks regular bail. shahid (Hemant Kumar Srivastava,J) U T