A criminal miscellaneous petition filing for anticipatory bail against arrest in a prosecution for murder, culpable homicide, and kidnapping. The High Court refused the prayer, noting the petitioner's specific role in the alleged assault and pointing to confirmed ante-mortem injuries on the deceased.
Prayer for anticipatory bail is rejected.
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Patna High Court Cr.Misc. No.30973 of 2017 (2) dt.10-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30973 of 2017
Arising Out of PS.Case No. -48 Year- 2016 Thana -LAXMIPUR District- JAMUI
======================================================
.... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Sinha For the Opposite Party/s : Mr. Md. Sufiyan
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER
2 10-07-2017 Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner apprehends his arrest in connection with Laxamipur P.S. Case No. 48 of 2016 instituted for the offences punishable under Sections 147, 148, 149, 302 and 307/364 of the Indian Penal Code.
The allegation as per the written report submitted on 23.03.2016 is that on the same day, this petitioner along with nine others came at his house and took the son of the informant. They tied his son with an electrical pole and brutally assaulted by the lathi and rod. From the impugned order of 2nd Additional Sessions Judge, Jamui passed in A.B.A. No. 1133 of 2016, I find that the witnesses at the time of investigation had supported the
Patna High Court Cr.Misc. No.30973 of 2017 (2) dt.10-07-2017
allegation of assault against the accused persons. The Doctor has found as many as eight ante mortem injuries on the person of the deceased.
Considering the specific allegation of assault by this petitioner, I am not inclined to grant him anticipatory bail. Accordingly, prayer for anticipatory bail of this petitioner is rejected.
(Sanjay Kumar, J)
ajaypd./-
U T
2 issues framed by the court
Whether anticipatory bail should be granted to a petitioner apprehending arrest in connection with offences under Sections 302 and 364 IPC alleging assault and abduction.
Whether the gravity of the charge involving murder and culpable homicide justifies refusal of anticipatory bail.
Indradeo Paswan
The State of Bihar
Sanjay Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
