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Patna High CourtCR. MISC./21590/2018dismissed

Dipu Kunwar @ Bhima Singh @ Bhima And ANR v. The State Of Bihar

2018-06-29Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21590 of 2018 Arising Out of PS.Case No. -74 Year- 2017 Thana -HAYAGHAT District- DARBHANGA ======================================================

1. Dipu Kunwar @ Bhima Singh @ Bhima Son of Ram Vinay Kunwar.

2. Pappu Kunwar Son of Ram Vinay Kunwar. Both are Resident of VillagePatori, Police Station-Warish Nagar, District-Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Sir Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-06-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Hayaghat P.S.Case NO.74 of 2017 , registered for offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.

Allegation against the petitioners as per FIR is that the husband of the informant was traceless and later on blood stain was found in the house of the petitioner and dead body was found in Ghosrawan village.

Submission of the learned counsel for the petitioners is that the informant suspects that there was some dispute with other accused persons as such her husband has been killed and he has been made accused in this case because the blood stain was found but the petitioner has poultry farm and there is nothing to show

Patna High Court Cr.Misc. No.21590 of 2018 (3) dt.29-06-2018 2/2 that the blood was human blood.

Heard learned A.P.P. also, who has opposed the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant anticipatory bail to the petitioner rather let the petitioner surrender before the learned court below within a period of four weeks from the date of receipt of the order and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by the order of this Court. With the aforesaid direction, this application is dismissed. (Vinod Kumar Sinha, J) chn/- U T