Patna High CourtCR. MISC./41962/2017dismissed

Sunil Singh @ Sunil Kumar v. The State Of Bihar

2017-09-13Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41962 of 2017 Arising Out of PS.Case No. -181 Year- 2014 Thana -PAKARIBARAW District- NAWADA ======================================================

1. Sunil Singh @ Sunil Kumar Son of Sagar Singh @ Ram Sagar Singh Resident of Village - Hundrahi, Police Station - Pakribarawan, District - Nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Sri Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-09-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Pakribarawan P.S. Case No. 181 of 2014 instituted for the offence under Sections341, 302/34 of the Indian Penal Code. As per written report, there is allegation against this petitioner that he shot fire, which hit wife of the informant, on account of which, she died.

It has been submitted that the statement of informant was recorded u/S 164 of the Cr.P.C. in which, he gave different statement. After investigation, the police submitted final form but the learned Magistrate took cognizance against the petitioner for the offence under Sections-341, 302/34 of the Indian Penal Code and 27 of the Arms Act after perusing the case diary finding

Patna High Court Cr.Misc. No.41962 of 2017 (3) dt.13-09-2017 material against the petitioner.

In the written report, there is specific allegation against this petitioner. The statement of informant u/S 164 of the Cr.P.C. has been recorded on 12-12-2014, after delay of about four months of occurrence; Therefore, prayer for anticipatory bail of the petitioner is rejected.

The petitioner is directed to surrender in the court below within four weeks from today and seek regular bail which will be considered by the court below on its own merit without being prejudiced by this order.

(Sanjay Priya, J) A.K.V./- U T