Md. Rafique v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70233 of 2022 Arising Out of PS. Case No.-290 Year-2022 Thana- KORHA District- Katihar ====================================================== Md. Rafique Son Of Abdul Hannan R/O Sahariya, P.S.- Barari, DistrictKatihar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar Singh For the Opposite Party/s :
Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-01-2023 Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner apprehends his arrest in connection with Korha P.S. Case No.290 of 2022 instituted under Sections 302, 201/34 of the IPC.
As per the prosecution story, the informant alleged that the dead body of his elder brother was lying under the Khanpur bridge. It was thereafter retrieved from the water and sent to Katihar Sadar Hospital for postmortem and upon a look on the body, body it can be assumed that the deceased was given a severe beating. The allegation is that when he visited his brother's house who were living separately, they found the same locked and as such he had strong suspicion that the wife of the deceased as also her 'Maika' people under conspiracy killed his brother. The reason may be due to altercation his brother had
Patna High Court CR. MISC. No.70233 of 2022(2) dt.24-01-2023 2/2 with father-in-law who had taken money from his deceased brother.
Learned counsel for the petitioner submits that only on the basis of suspicion, the entire family members of the deceased in-laws have been dragged by the informant's brother. Learned APP on the other hand has drawn attention of this Court to the observation of the learned Sessions Judge in which it has been stated that in number of paragraphs of the case diary, the witnesses have made allegation against the named accuseds.
Taking into account the aforesaid facts, so far as anticipatory bail is concerned, certainly it is not a fit case extend the said relief, which is accordingly rejected. (Rajiv Roy, J) Prakash Narayan /- U T