Patna High CourtCR. MISC./36656/2015rejected

Ravindra Poddar v. The State Of Bihar

2016-07-18Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36656 of 2015 Arising Out of PS.Case No. -190 Year- 2013 Thana -AMARPUR District- BANKA ====================================================== Ravindra Poddar, Son of Late Govind Poddar, Resident of Village - Salempur, P.S. Amarpur, District - Bhagalpur .... .... Petitioner

Versus

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

For the Petitioner : Mr. Braj Nandan Kumar Tiwary, Advocate.

For the Opposite Party : Ms. Madhuri Lata(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-07-2016 Heard both sides.

The petitioner apprehends his arrest in Amarpur P.S. Case No. 190 of 2013 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 302 and 34 of the Indian Penal Code.

Allegation against the petitioner is that the petitioner and other assaulted the deceased with iron rod consequently he died.

It is submitted that there is a counter version. The son and wife of the deceased deposed in a juvenile court and stated that they are not the eye witness of the occurrence. The juvenile has already been acquitted, but it appears that the prayer for anticipatory bail of the petitioner was earlier rejected vide order

Patna High Court Cr.Misc. No.36656 of 2015 (2) dt.18-07-2016 2/2 dated 13.05.2014 passed in Cr. Misc. No. 50917 of 2013. There is specific allegation of assault against the petitioner that he assaulted the deceased with iron rod.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

However, the petitioner, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail, his prayer shall be considered on its own merit without being prejudiced by this order.

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