Pintu Kumar Rai @ Pintu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17727 of 2017 Arising Out of PS.Case No. -125 Year- 2016 Thana -SIMARI District- BUXAR ====================================================== Pintu Kumar Rai @ Pintu Rai, son of Shiv Jee Rai, R/o Village- Rajapur Naurang Rai Ke Dera, P.S. Simari, Dist. Buxar. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Dr. Kamal Deo Sharma, Adv. For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-07-2017 Heard both sides.

The petitioner apprehends his arrest in Simari P.S. Case No. 125/2016, registered for the offences punishable under Section 302, 201 and other sections of the Indian Penal Code and section 27 of the Arms Act.

The informant alleged that his brother quarreled with Maya Devi in the field and also assaulted her. Thereafter, he fled away from his house towards Pranpur. On 19.08.2016, the deadbody of his brother was found. Learned counsel for the petitioner submits that the occurrence took place on 16.08.2016, but the F.I.R. was lodged on 19.08.2016. Nobody has seen the petitioner committing murder of Rajnath Yadav, brother of the informant. During the course of

Patna High Court Cr.Misc. No.17727 of 2017 (3) dt.06-07-2017 2/2 investigation, some witnesses stated that petitioner and others were found taking Rajnath Yadav on Bolero vehicle, but no witness has stated that who killed Rajnath Yadav. There is a counter version, but from perusal of the case-diary it appears that the witnesses have categorically stated that the petitioner and others took Rajnath Yadav on Bolero vehicle and thereafter, the dead-body of Rajnath Yadav was found at a lonely place. Considering the facts aforesaid, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Vinita/- U T