Krishna Mistri @ Krishna Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63058 of 2019 Arising Out of PS. Case No.-33 Year-2017 Thana- IMAMGANJ District- Gaya ====================================================== Krishna Mistri @ Krishna Kumar Sharma, Son of Suresh Mistri @ Suresh Sharma, Resident of Mohalla - Badhi Tola (Sherghati), P.S.- Sherghati, Distt - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Singh For the Opposite Party/s :

Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-01-2020 This is an application for grant of anticipatory bail in connection with Imamganj P. S. Case No. 33 of 2017, disclosing offence under Sections 302/34 of IPC.

Prosecution case is that the dead body of the son of informant was found hanging in the house of one Surendra Mistri and he suspects the hands of the petitioner that he along with other accused persons killed him.

Submission of the learned counsel for the petitioner is that except suspicion, there is nothing against the petitioner and also there is no incriminating circumstance has come against him.

Heard learned A.P.P. as well as learned counsel for the informant, who has opposed the prayer for anticipatory bail on

Patna High Court CR. MISC. No.63058 of 2019(3) dt.09-01-2020 2/2 the ground that during the investigation it has come that there was love affair of the wife of petitioner with the deceased and as such, it is suspected that he has killed. Hence, there is strong circumstances against the petitioner.

Having heard both sides, in view of the submissions made above, I am not inclined to grant privilege of anticipatory bail to the petitioner. However, he has to surrender before the learned court below and make prayer for regular bail, the same shall be considered on its own merit, without being prejudiced by order of this Court.

With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T