Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8785 of 2018 Arising Out of PS.Case No. -128 Year- 2017 Thana -ALOULI District- KHAGARIA ======================================================

1. Krishna Kumar, son of Indradeo Prasad Singh, resident of VillageRampur, P.S.- Alouli, District- Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Randhir Kumar No-1, Advocate For the Opposite Party/s : Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 05-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Allouli P.S. Case No.128 of 2017 instituted for the offence under Section(s) 302 Indian Penal Code pending in the Court of the Chief Judicial Magistrate, Khagaria.

In the written report, it is alleged that this petitioner was married with the daughter of the deceased. The daughter of the deceased has one daughter also from the marriage. The petitioner never kept the daughter of the deceased with him. The deceased was always requesting the petitioner to keep his daughter and grand-daughter with him.

It is alleged that on the date of occurrence this petitioner and two others came to the house of the informant. The

Patna High Court Cr.Misc. No.8785 of 2018 (3) dt.05-04-2018 2/2 deceased made request to take her daughter with him, but he did not give answer. The daughter of the deceased, Mamta Kumari, also made request then this petitioner told her that her mother will not speak such thing any further. This petitioner left the house in the midnight. In the morning, daughter of the deceased, namely, Mamta Kumari, found her mother (since deceased) dead in the room.

Statement of daughter of the deceased, Mamta Kumari, has been recorded in para 5 of the case diary, wherein, she has supported the allegation made in the written report. In such circumstances, this Court does not find it a fit case for grant of anticipatory bail.

Prayer of the petitioner for grant of anticipatory bail is rejected.

Petitioner may surrender before the Court below and seek regular bail, which shall be considered and disposed off in accordance with law without being prejudiced by this order. (Sanjay Priya, J) JA/- U T