Nand Kishore Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48342 of 2017 Arising Out of PS.Case No. -350 Year- 2016 Thana -GARKHA District- SARAN ======================================================

1. Nand Kishore Rai, Son of Sarwa Rai, resident of village- Ismailpur, P.S.- Garkha, District- Saran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Mukesh Kumar Singh, Advocate For the Opposite Party/s : Dr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 17-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Garkha P.S. Case No.350 of 2016 instituted for the offence under Section(s) 304-B/34 Indian Penal Code pending in the Court of the Additional Chief Judicial Magistrate, 5th, Saran at Chapra. Petitioner is husband of the deceased. There is specific allegation that he along with other accused assaulted the sister of the Informant and burnt her to death. Counsel for the petitioner has submitted that compromise has taken place between the parties. From the written report itself, it appears that victim was done to death in her Sasural by burn injury. The informant saw burnt dead body of his sister lying in her Sasural.

Patna High Court Cr.Misc. No.48342 of 2017 (2) dt.17-10-2017 2/2 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 on its own merit without being prejudiced by this order.

(Sanjay Priya, J) JA/- U T