Patna High CourtCR. MISC./80724/2018bail rejected

Rajendra Prasad v. The State Of Bihar

2019-01-25Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80724 of 2018 Arising Out of PS. Case No.-97 Year-2005 Thana- NAUTAN District- Siwan ====================================================== Rajendra Prasad, son of Late Sheo Lal Prasad, Resident of Pachlakhi, P.S.- Nautan, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kant Singh For the Opposite Party/s :

Mr.Binod Kumar No.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 25-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Nautan P.S. Case No. 97 of 2005, registered for the offence punishable under Sections 304B/34 of the Indian Penal Code.

The petitioner, who happens to be father-in-law of the deceased, has earlier moved before this Court for anticipatory bail in Criminal Miscellaneous No.50633 of 2006, which has been rejected on 11.01.2007 and after 11 years, the present application has been filed.

However, learned counsel for the petitioner submits that during the investigation the petitioner was never arrested and at the end the Police has submitted the Final Form, but the

Patna High Court Cr.Misc. No.80724 of 2018(2) dt.25-01-2019 2/2 Court below has taken cognizance in the year 2012, but the fact remains that even after six years of taking cognizance, this application has been filed for grant of anticipatory bail. In such view of the matter, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail is rejected. However, if the petitioner surrenders before the Court below within three weeks from today and prays for regular bail, the Court below will consider the same and pass appropriate order without being influenced by the order of this Court.

(Shivaji Pandey, J) pawan/- U