Krishna Jaiswal @ Krishna Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77890 of 2023 Arising Out of PS. Case No.-27 Year-2023 Thana- LAUKARIA District- West Champaran ====================================================== Krishna Jaiswal @ Krishna Kumar Son Of Satynarayan Jaiswal R/O VillageHarnatand, P.S.- Laukariya, District- West Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Kishun Prasad For the Opposite Party/s :
Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in Laukariya P.S. Case No. 27 of 2023 registered for the offences punishable under Sections 302, 201, 120(B)/34 of the Indian Penal Code pending in the Court of learned A.C.J.M. IInd, Bagaha, West Champaran.
3. The informant alleged that all the F.I.R. named accused persons, including the petitioner killed the deceased by strangulation.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that there is no eye-witness of the present occurrence and the petitioner has been roped in this case merely on the basis of
Patna High Court CR. MISC. No.77890 of 2023(2) dt.08-12-2023 2/2 suspicion. Two of the co-accused persons have been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 29.11.2023 passed in Cr. Misc. No. 75024 of 2023. The petitioner has no criminal antecedent as mentioned in para3 of this application.
5. Learned APP for the State vehemently opposing the bail petition submitted that the petitioner is the father of the deceased and the deceased was in love with an orchestra girl namely, Sindhu, but the petitioner pressurized and beaten the deceased and told not to keep in touch with orchestra girl.
6. Considering the facts and circumstances of case and the nature of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.
7. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order.
(Anjani Kumar Sharan, J) anand/- U T