Patna High CourtCR. MISC./24642/2015rejected

Pappu Yadav v. The State Of Bihar

2015-07-13Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24642 of 2015 Arising Out of PS.Case No. -183 Year- 2014 Thana -NOORSARAI District- NALANDA (BIHARSHARIFF) ======================================================

1. Pappu Yadav son of Sri Chanirak Yadav resident of Village - Makanpur Tola Chak Sundarpur, P.S. - Noorsarai, District - Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bhola Kumar For the Opposite Party/s : Mr. Murlidhar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 13-07-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner happens to be husband of the deceased, who died in other than normal circumstances within seven years of her marriage.

The contention of behalf of the petitioner is that the police after due investigation found the accusation untrue against the petitioner and accordingly, petitioner was not charge sheeted but the learned court below took cognizance for the offences against the petitioner also. It is also pointed out on behalf of the petitioner that the informant has already filed a petition before the court below stating therein that he had lodged the case under

Patna High Court Cr.Misc. No.24642 of 2015 (2) dt.13-07-2015 2/2 misconception.

Regard being had to the facts and circumstances of the case as well as submissions of the parties , I am not inclined to grant privilege of anticipatory bail to the petitioner and accordingly, his prayer for anticipatory bail in connection with Noorsarai P.S.Cas No. 183 of 2014, pending in the court of learned Judicial Magistrate 1st class, Biharsharif stands rejected. However, this order shall not cause any prejudice to the concerned court at the time of consideration of regular bail application of the petitioenr.

(Hemant Kumar Srivastava, J) Namita/- U