Devendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49800 of 2015 Arising Out of PS.Case No. -163 Year- 2014 Thana -LADANIA District- MADHUBANI ======================================================

1. Devendra Yadav Son of Ramautar Yadav Resident of Village - Dharamban, P.S. - Ladaniya, District - Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Jha, Adv For the Opposite Party/s : Mr. Jitendra Kr. Roy No.1(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 05-11-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation against the petitioner for the offences punishable under Sections302/34 of the Indian Penal Code and that the petitioner happens to be the main assailant, in the sense that it is his wife, who has been found to be dead, in the room in which he was sleeping in the night, and that the materials collected in the investigation also have shown involvement of the petitioner, this Court would not be inclined to grant the privilege of anticipatory bail to the petitioner.

Patna High Court Cr.Misc. No.49800 of 2015 (2) dt.05-11-2015 That being so, the prayer for anticipatory bail of the petitioner is hereby rejected.

Nonetheless, the petitioner will definitely have a right to seek regular bail, therefore, if the petitioner would surrender before the Court below and make a prayer for regular bail, his case would be decided on its own merits without being prejudiced by anything said in this order. (Mihir Kumar Jha, J) Ranjan/- U