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Patna High Court - Orders

Pyare Jha @ Nishi Kant Jha vs State Of Bihar on 8 March, 2010

Author: C.M. Prasad

Bench: C.M. Prasad

              IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Cr.Misc. No.1323 of 2010
      PYARE JHA @ NISHI KANT JHA, S/o. Krishna Kant Jha @ Krish Kant Jha,
                 r/o. Village- Gogri, P.S. Gogri, District- Khagaria.
                                        Versus
                              THE STATE OF BIHAR
                                      -----------

02.   08.03.2010

Heard.

Petitioner is apprehending arrest in Gogri P.S. Case No.111 of 2009 under Section 302/34 of the I.P.C.

Learned counsel for the petitioner submits that the petitioner is the husband and son of co- accused Krishna Kant Jha and the deceased was working as a driver of the tractor of the petitioner's father. Further submission is that the deceased is said to have gone to the petitioner's father for obtaining his due salary but he did not come back and the dead body was left in hospital. The informant who happens to be the father of the deceased alleged that the deceased was killed by the petitioner and his father.

Learned counsel for the petitioner also submits that on post mortem electrocution was found to be the cause of death and there was no other injury 2 on his body. It is submitted that there is neither eyewitness in this case nor any allegation that the petitioner's death was caused by way of electrocution. It is also submitted that petitioner's father had already been allowed anticipatory bail by this Court vide order dated 24.12.2009 under Cr. Misc. No.34596 of 2009.

Mr. N.K. Prasad learned Addl. P.P. does not point out any other material against the petitioner.

In the facts and circumstances petitioner's prayer for anticipatory bail is allowed. Petitioner Pyare Jha @ Nishikant Jha is directed to surrender before the Court-below within two weeks from today, on his surrender he will be released on bail on furnishing bail bond of Rs.10,000/- (Ten thusand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in connection with Gogri P.S. Case No. 111 of 2009, G.R. No. 1034 of 2009.

(C.M. Prasad, J.) Mkr.