Raushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.534 of 2016 Arising Out of PS.Case No. -366 Year- 2009 Thana -KANKARBAGH District- PATNA ======================================================
1. Raushan Kumar, Son of Sachinder Prasad, resident of Sorangpur, Lalupath, Police Station- Ram Krishna Nagar, District- Patna .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Jha, Advocate For the Opposite Party/s : Mr. Gopesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-01-2016 Heard learned counsel for the petitioner and the State.
Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302, 328/34 of the Indian Penal Code.
The prosecution case is that informant went to attend the court proceeding and when she returned home, she found that her husband is lying in unconscious condition. The husband of the informant was being taken away by Nirmal Kumar, Raushan Kumar, Rohit Kumar and subsequently he died.
It is submitted by the learned counsel for the petitioner that accusation is based only on suspicion and in the background of land dispute the accusation has been levelled. Since the case was instituted on 01.12.2009 and the petitioner
Patna High Court Cr.Misc. No.534 of 2016 (2) dt.08-01-2016 was named in the First Information Report, this Court is not inclined to grant anticipatory bail to the petitioner. Considering the suspicions nature of accusation, let the learned court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Kankarbagh P.S. Case No. 366 of 2009, pending in the court of learned Chief Judicial Magistrate, Patna.
With the above observation this application is disposed of.
(Dinesh Kumar Singh, J) P.K./- U T