The Patna High Court rejected the petitioner's application for anticipatory bail in a murder case. The court held the case was not fit for anticipatory bail due to strong suspicion and lack of eye-witnesses.
Petitioner's application for anticipatory bail rejected.
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Patna High Court Cr.Misc. No.40850 of 2014 (2) dt.01-04-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
| Criminal Miscellaneous No.40850 of 2014 Arising Out of PS.Case No. -1445 Year- 2012 Thana -GAYA COMPLAINT CASE District- GAYA ====================================================== |
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Shankar Kumar, s/o Satendra Sharma, resident of village-Supata, P.S. Tekari, District-Gaya. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== |
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| Appearance : For the Petitioner/s : Mr. Vinod Kumar For the Opposite Party/s : Mr. Abhay Kumar Ray(App) ====================================================== |
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORALORDER |
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| 2 01 |
-04-2015 Heard learned counsel for the petitioner and learned counsel for the informant. The petitioner apprehends his arrest in a case under section 302 and 34 of the Indian Penal Code. The petitioner is not named in the F.I.R. During the course of investigation, the informant filed a protest petition. It is alleged that the deceased had illicit relation with Choti Kumari, daughter of Satendar Sharma, and that is why Satendar Sharma and this petitioner killed the deceased. It appears that there is no eye-witness of the occurrence. It appears that the witnesses have raised a strong suspicion that on account of illicit relationship the petitioner and others killed the deceased. Hence, I do not find the case fit for anticipatory bail. The same is rejected. |
| (Prabhat Kumar Jha, J) | |
| B.Roy/- U |
T |
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail given the apprehension of arrest in a murder case.
Whether the allegations of murder based on illicit relations and lack of eye-witnesses justify anticipatory bail.
1 provisions across 1 enactments
Shankar Kumar
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
