Prem Ranjan @ Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28836 of 2018 Arising Out of PS.Case No. -239 Year- 2017 Thana -BAJPATTI District- SITAMARHI ======================================================

1. Prem Ranjan @ Sonu Kumar, son of Chandrika Singh, resident of Village- Bhasepur, P.S. Bajpatti, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Kishore Thakur, Advocate For the Opposite Party/s : Mr. Panchanand Pandit, APP For the Informant : Mr. Ashok Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 21-06-2018 Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the Informant. Petitioner apprehends his arrest in Bajpatti P.S. Case No.239 of 2017 instituted for the offence under Section(s) 302, 201/34 Indian Penal Code pending in the Court of the SubDivisional Judicial Magistrate, Pupri, Sitamarhi. Counsel for the petitioner submits that First Information Report is against unknown. In the written report, it is alleged by the Chaukidaar that he found one dead body lying in water. It has been alleged that after committing murder dead body has been thrown in Ratwara river.

Case diary has been received.

Learned APP as well as counsel for the Informant has submitted that name of this petitioner has come in the confessional statement of Amrendra Kumar in para 32 of the case

Patna High Court Cr.Misc. No.28836 of 2018 (3) dt.21-06-2018 2/2 dairy, who was arrested by the police. Amrendra Kumar has stated in his confessional statement before police that petitioner has committed murder of the deceased as he had enmity with him and after cutting the dead body into pieces he had thrown the same in the river.

Counsel for the informant has further submitted that brother of this petitioner was earlier murdered due to love affair in which deceased was also one of the accused. This petitioner had given threat to kill the deceased. Statement of mother of the deceased, namely, Vibha Kumari and sister of the deceased is recorded in para 20 and 27 of the case diary, wherein, it has been mentioned that this petitioner had given threat to the deceased as he was accused in the case of murder of brother of the petitioner and when the deceased was granted bail, he has been murdered. In such circumstances, this Court does not find it a fit case for grant of anticipatory bail.

Prayer of the petitioner for grant of anticipatory bail is rejected.

Petitioner may surrender before the Court below and seek regular bail, which shall be considered and disposed off in accordance with law without being prejudiced by this order. (Sanjay Priya, J) JA/- U T