Patna High CourtCR. MISC./29289/2018dismissed

Chandradeep Sah @ Minter v. The State Of Bihar

2018-06-22Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.29289 of 2018 (3) dt.22-06-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29289 of 2018 Arising Out of PS.Case No. -268 Year- 2017 Thana -GOVINDGANJ DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. CHANDRADEEP SAH @ MINTER S/o Satyadeo Sah, R/o Vill.- Rajepur, P.O.+P.S.- Govindganj, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar For the Opposite Party/s Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 22.06.2018 Supplementary affidavit is filed on behalf of the petitioner. Let it be kept on record.

Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Govindganj P. S. case no. 268/2017 registered under sections 304B, 302 and 120B of the IPC.

Petitioner happens to be elder brother-in-law of the deceased and it is alleged that he as well as other accused committed murder of the deceased due to non-fulfillment of illegal demand.

Learned counsel appearing for the petitioner

Patna High Court Cr.Misc. No.29289 of 2018 (3) dt.22-06-2018 submits that fardbeyan of the informant goes to show that father-in-law of the deceased had illicit relation with Sunita Devi and the deceased used to protest the aforesaid relation and that is the reason of her murder. However, learned Addl. Public Prosecutor refers para 125 of the case diary and submits that processes of 82 and 83 Cr.P.C have already been issued against the petitioner and, therefore, this anticipatory bail petition is not maintainable. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition stands dismissed being not maintainable. However, if the petitioner surrenders and seeks regular bail within four weeks from the date of receipt of this order to the concerned court, the competent court shall consider regular bail application of the petitioner on its own merit without being prejudiced by this order.

shahid (Hemant Kumar Srivastava,J) U T