The Patna High Court dismissed the petitioner’s application for anticipatory bail in a murder case, holding it was not a fit case for such relief.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18542 of 2012
====================================================== Nathu Prasad Yadav @ Nathu Yadav .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 02-08-2012 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.
The father of the informant was found in injured condition on the door of Ganesh Yadav when his motorcycle was found towards south of the house of Ganesh Yadav and when the victim was taken to hospital on the way he succumbed to the injuries. It is alleged against this petitioner that the victim while going to the hospital conveyed the informant that this petitioner and 3-4 persons were made assault whereas it is also alleged that the petitioner was pressurizing for withdrawing the case earlier lodged against him being Complaint Case No. 973 of 2006.
Patna High Court Cr.Misc. No.18542 of 2012 (3) dt.02-08-2012
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It is submitted by learned counsel for the petitioner that the victim died due to the accidental injury and in the earlier case the petitioner was acquitted one year before the occurrence.
In view of this Court, it is not a case for anticipatory bail in connection with Paharpur P.S. Case No. 219 of 2011 pending in the court of learned Chief Judicial Magistrate, East Champaran at Motihari.
Accordingly, this application is
dismissed.
(Dinesh Kumar Singh, J.)
DKS/
1 issue framed by the court
Whether the petitioner was entitled to anticipatory bail in a case involving murder under Sections 302/34 of the Indian Penal Code.
Nathu Prasad Yadav @ Nathu Yadav
The State Of Bihar
Dinesh Kumar Singh
As recorded by the court registry
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