Petitioner challenged non-grant of anticipatory bail in murder case arising from family dispute. Court rejected plea due to prima facie case and gravity of offence.
Application for anticipatory bail rejected.
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ABLAPL NO.6896 OF 2015
22.9.2015.
Heard learned counsel for the petitioner and learned Addl. Government Advocate for the S
tate.
2. Petitioner is apprehending arrest for the alleged commission of offence under Section 302 o
f the I.P.C. in G.R. Case No.51/2012 of the court of learned J.M.F.C., Sorada arising out of B
adagad P.S. Case No.26/2012.
3. Learned counsel for the petitioner draws the attention of the Court to the statement of
eye witnesses namely K. Gouru Patra and her husband K.Panda Patra, who stated that the petiti
oner has no intention to commit murder. It is apparent from the record that the dispute is b
etween the deceased and the petitioner regarding partition of the family properly. The petiti
oner gave a forceful blow by means of a lathi on the head of the deceased, as a result of the
deceased sustained severe injury and died.
4. Keeping in view the aforesaid consideration, this Court is of the opinion that prima fa
cie case is made out against the present petitioner and keeping in view the gravity of the off
ence, greater and larger interest of the State and society and the maximum punishment prescrib
ed, this Court is not inclined to grant anticipatory bail to the present petitioner.
Accordingly, the ABLAPL is rejected.
S.K.Mishra, J
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest under Section 302 IPC.
Whether the gravity of the offence and public interest outweigh personal liberty rights.
Petitioner
State
S.K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court