Nagina Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41574 of 2014 Arising Out of PS.Case No. -41 Year- 2014 Thana -CHANDRADEEP District- JAMUI ====================================================== Nagina Yadav Son of Late Ramashis Yadav Resident of Village-Hathia, P.S.-Chandradeep, District-Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

===================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 3.

27.04.2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends arrest in connection with Chandradeep P.S. Case No. 41 of 2014 dated 06.05.2014 instituted under Sections 364/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that he is not named in the F.I.R. and not named by the victim but only on the confessional statement of co-accused Sako Yadav and Chuni Mahto, he has been made accused. It is submitted that the said Sako Yadav has been granted bail by the Court below.

Learned A.P.P., upon going through the case diary, opposes the prayer for anticipatory bail. It is submitted that co-accused Sako Yadav and another co-accused Chuni

Patna High Court Cr.Misc. No.41574 of 2014 (3) dt.27-04-2015 2/2 Mahto have stated with regard to the role of the petitioner of being the person who was actually involved in the transaction of money after which the victim was released. It is further submitted that the petitioner may also be directed to surrender and seek regular bail.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, this Court is not inclined to enlarge the petitioner on anticipatory bail.

The application, accordingly, stands dismissed. However, in the event the petitioner surrenders and prays for regular bail before the Court below, the same shall be considered on its own merits without being prejudiced by the present order.

(Ahsanuddin Amanullah, J.) P. Kumar U T