Patna High CourtCR. MISC./34540/2017allowed

Arun Kumar @ Arun Ram v. The State Of Bihar

2017-08-19Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.34540 of 2017 (3) dt.19-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34540 of 2017 Arising Out of PS.Case No. -64 Year- 2015 Thana -KHANPUR District- SAMASTIPUR ======================================================

1. Arun Kumar @ Arun Ram S/o Ramjee Ram, R/o Village- Baltipur, P.S.- Hathouri, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-08-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Khanpur Police Station Case No. 64 of 2015, disclosing offences under Sections 302 and 34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that the petitioner is innocent and has not committed any offence. In fact, the petitioner has not been named in the F.I.R. and merely on the basis of confessional statement of the co-accused, name of this petitioner has surfaced in this case. No any cogent material has come during course of investigation against the petitioner and the petitioner mere happens to be maternal uncle of one Vijay Kumar, who might have killed the deceased as

Patna High Court Cr.Misc. No.34540 of 2017 (3) dt.19-08-2017 there was love affair between the deceased and his sister, has been implicated in this case. Moreover, co-accused, Moti Ram has also been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No. 26531 of 2016. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur, in connection with Khanpur Police Station Case No. 64 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T