← Library
Patna High CourtCR. MISC./56013/2018rejected

Bablu Rai @ Bablu Kumar v. The State Of Bihar

2018-12-20Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56013 of 2018 Arising Out of PS. Case No.-154 Year-2018 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Bablu Rai @ Bablu Kumar S/o Bachcha Prasad Yadav, R/o Vill. - Mathia Bariyarpur, P.S. - Piprakothi, District - East Champaran at Motihari. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjana For the Opposite Party/s :

Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-12-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 302/34 of the Indian Penal Code.

Suraj Kumar, aged about six years and his cousin Deepak Kumar, aged about nine years were student in Delhi Public School in village Godhwa, Motihari. Suraj had eased into his paint. For that he was bitterly assaulted by the petitioner who was a teacher thereat. As a result whereof Suraj Kumar died. Deepak Kumar has supported the aforesaid allegation as eyewitness before the police.

Considering the nature of allegation, I do not find any merit in the submission of learned counsel for the petitioner that

Patna High Court Cr.Misc. No.56013 of 2018(3) dt.20-12-2018 2/2 the informant has subsequently filed a petition that under some misinformation case was lodged. The Doctor has found multiple injury on the person of the deceased which was cause of death. Considering the nature of allegation against the petitioner, I am not inclined to enlarge him on anticipatory bail in connection with Muffasil Police Station Case No. 154 of 2018 pending in the court of learned Chief Judicial Magistrate, Motihari.

Hence, prayer for anticipatory bail is refused. Petitioner is directed to surrender within a period of two weeks from today and pray for regular bail. (Birendra Kumar, J) Kundan/Banti U T