Pawan Kumar v. The State Of Bihar
Case brief
What is this about?
The High Court of Patna rejected an anticipatory bail application filed by a petitioner facing murder charges, declining to grant bail due to the serious nature of the accusation.
The High Court of Patna rejected an anticipatory bail application filed by a petitioner facing murder charges, declining to grant bail due to the serious nature of the accusation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36574 of 2015
Arising Out of PS.Case No. -57 Year- 2015 Thana -KHIJARSARAI District- GAYA ====================================================== 1. Pawan Kumar Son of Amresh Singh Resident of village - Bana, Police Station - Khizer Sarai, District - Gaya .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Binod Kumar, Advocate For the Opposite Party/s : Mr. G.S.Gupta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 11-09-2015 Heard learned counsel 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 prosecution case is that the petitioner developed intimacy with the wife of the son of the informant, as a result he killed the son of the informant.
It is submitted by the learned counsel for the petitioner that on conclusion of investigation charge-sheet submitted under Section 306 I.P.C. and consequently cognizance was also taken under Section 306 of the Indian Penal Code. The wife of the victim subsequent to the present First Information Report lodged First Information Report against the informant, that the informant had an evil eye of her since her mother-in-law died long ago.
Patna High Court Cr.Misc. No.36574 of 2015 (2) dt.11-09-2015
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Considering the nature of accusation, this Court is not inclined to grant anticipatory to the petitioner in connection with Kizer Sarai P.S. Case No. 57 of 2015, pending in the Court of Smt. Aakancha Kashyap, learned Judicial Magistrate, Ist Class, Gaya.
Accordingly, this anticipatory bail application is rejected. (Dinesh Kumar Singh, J) P.K./-
U T
Pawan Kumar
The State of Bihar
DINESH KUMAR SINGH
As recorded by the court registry
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