Kaish Mohammad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17225 of 2018 Arising Out of PS.Case No. -647 Year- 2017 Thana -SIWAN CITY District- SIWAN ====================================================== Kaish Mohammad, S/o-Khush Mohammad, Resident of Village-Lahera Toli Siwan, P.S.-Siwan Town, District-Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Pandey, Advocate. For the Opposite Party/s : Mr. Ajay Kumar Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-04-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Siwan Town P.S. Case No. 647 of 2017 instituted for the offence under Sections 302, 379 and 34 of the Indian Penal Code. It is alleged in the written report that this petitioner along with one unknown person had called nephew of the informant namely, Vishal Kumar, at 8:00 p.m. At about 12:00 in the afternoon this petitioner threw the dead body of the nephew of the informant at his door and fled away. The informant took his nephew to Sadar Hospital, where doctor declared him dead. Learned counsel for the petitioner has submitted that the deceased was electrician. It has further been submitted that on the occasion of marriage in the house of petitioner, he hired the

Patna High Court Cr.Misc. No.17225 of 2018 (3) dt.27-04-2018 2/2 nephew of the informant for doing some electric work and he died due to electric shock.

The witnesses in the case diary have stated that this petitioner took the nephew of the informant with him and after death his dead body was thrown at the door of the informant and the petitioner fled away.

Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner stands rejected.

Petitioner may surrender before the court below and make prayer for regular bail which shall be considered by the court below in accordance with law without being prejudiced by this order.

(Sanjay Priya, J) S.Ali/- U T