Patna High CourtCR. MISC./49749/2018dismissed

Dhirendra Kumar Dhiraj v. The State Of Bihar

2018-08-29Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49749 of 2018 ======================================================

1. Dhirendra Kumar Dhiraj, S/o Ganesh Yadav, resident of Village- Nima, P.S.- Daudnagar, District- Aruangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Meena Singh For the Opposite Party/s : Mr. Sri Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-08-2018 Heard the parties. The petitioner seeks anticipatory bail in connection with Muffasil P.S. Case No.92 of 2018, registered for offences punishable under Section 306 of the Indian Penal Code. As per F.I.R., allegation against the petitioner is of excruciate the informant in different ways due to which the informant along with children jumped into well, causing both the children drowned to death but the informant did not drown due to insufficient water.

Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated in this case and as per F.I.R. it appears that the children of the informant had accidentally fell into well but the informant managed to save herself. It is also submitted that the petitioner has no criminal

Patna High Court Cr.Misc. No.49749 of 2018 (2) dt.29-08-2018 2/2 antecedent.

Learned A.P.P. opposes the prayer for bail.

In view of allegation against the petitioner, above named, I am not inclined to grant bail to the petitioner. Accordingly, prayer for anticipatory bail is rejected with a direction to the petitioner that if the petitioner surrenders before the Court below and makes prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by this order of this Court. With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) Sudha/- U