Kamta Prasad And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57328 of 2017 Arising Out of PS.Case No. -265 Year- 2017 Thana -MASAURHI District- PATNA ======================================================
1. Kamta Prasad (aged about 55 years), S/o Late Naresh Yadav
2. Bhutali Yadav (aged about 20 years), S/o Sri Dangal Yadav,
3. Pintu Kumar (aged about 22 years), S/o Anuj Yadav, All resident of Village- Sakarpura, P.S.- Dhanarua, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Sri Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-01-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Masaurhi P.S. Case No. 265 of 2017, G.R. No. 848 of 2017 instituted for the offence under Sections-302, 201/34 of the Indian Penal Code. There is allegation in the written report that these petitioners along with two un-known accused after committing the murder of the father of the informant have thrown the dead body in the drain near cabin and has fled away. The informant brought his father from the drain and took him to Dr. Awadesh Babu, where he was declared dead. The informant went to the house of petitioner no. 1 and found his house locked and the said tempo was lying at the door, covered with Tripal, and when the informant removed the tripal, blood stain was found. Case diary along with postmortem report has been
Patna High Court Cr.Misc. No.57328 of 2017 (3) dt.23-01-2018 2/2 received. Doctor has found several injuries on the person of the deceased including on the eyebrow and head region. It is stated by the witnesses in the various paragraphs of the case diary that the father of the informant was going to the cabin and said tempo dashed the father of the informant due to which he received several injuries. These petitioners were sitting on the tempo. One Pappu Kumar was driving the tempo. Two persons fled away after dashing the father of the informant. Statement of the son of the deceased has been recorded in paragraph-10 wherein, he has stated similarly. Considering the aforesaid facts, this Court is not inclined to grant anticipatory bail to the petitioners and, as such, their prayer for anticipatory bail stands rejected in connection with Masaurhi P.S. Case No. 265 of 2017, G.R. No. 848 of 2017 pending in the court of Judicial Magistrate-1st Class, Masaurhi (Patna).
(Sanjay Priya, J) sushma/- U T