Keshawa Kumar Thakur @ Keshawa Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58636 of 2018 Arising Out of PS. Case No.-77 Year-2017 Thana- PATAHI District- East Champaran ====================================================== Keshawa Kumar Thakur @ Keshawa Kumar S/o Ramchandra Thakur, R/o Vill.- Bhanta Bari, P.S.- Pupri, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sangeet Deokuliar For the Opposite Party/s :

Mr. C. Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 302 and 201/34 of the Indian Penal Code.

The prosecution case, in short, is that the husband of the informant had gone for engagement of daughter of Anju Devi and she came to know that her husband has been killed and dead body has been kept at Patahi P.S.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. It was a case of accident. There was no intention to commit murder.

Patna High Court Cr.Misc. No.58636 of 2018(3) dt.05-12-2018 2/2 The police after investigation has submitted charge sheet for an offence under Section 304A of the I.P.C. Subsequently the court has differed and taken cognizance for an offence under Section 304 of the I.P.C.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 8th, Motihari, East Champaran in connection with Patahi P.S. case No.77 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T