Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15797 of 2012 Kasi Pandey @ Kashi Pandey @ Kashinath Pandey S/O Sri Mahadeo Pandey R/O Village - Ojha Ke Badheya, P.S. Hussainganj ( Ziradei ), District - Siswan .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 11 30-10-2013 Heard learned counsel for the petitioner, the State and the informant/complainant. The petitioner apprehends his arrest in a case under [STATUTE] . One Rabindra Pandey, the informant alleged in the First Information Report that his mother was objecting to unloading of sand on the road by Mahadeo Pandey which annoyed him and his son Kasi Pandey (petitioner) who began to hurl abuses. The petitioner and his father Mahadeo Pandey struck with Iron rod on her head. She failed unconscious and died in the hospital on the same day i.e. 16.5.2005. The post mortem report shows one injury on the head of the deceased. The petitioner earlier moved this Court in Cr.Misc.No. 4402 Patna High Court Cr.Misc. No.15797 of 2012 (11) dt.30-10-2013 2/3 of 2006 which was withdrawn on 1.2.2007. The petitioner has again renewed his prayer for anticipatory bail. Learned counsel submits that the petitioner withdrew the earlier anticipatory bail petition as final form was submitted in this favour on 27.6.2006. However as cognizance has been taken on protest cum complaint on 9.8.2011, a fresh cause of action has arisen for filing of the anticipatory bail petition. The petitioner states that neither the informant nor other witnesses supported the prosecution case as far as it relates to the petitioner in the case diary. Counsel for the informant submits that the police was in collusion with the accused petitioner and his father. The witnesses named in the FIR have supported the prosecution case in enquiry under section 202 Cr.P.C in protest cum complaint case. The petitioner is alleged to have assaulted an old lady with iron rod on her head when she objected for a just cause. In the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. However, if the petitioner surrenders and prays for regular bail in Hussainganj(Ziradei) Police Station Case No. 60 of 2005/C.Case no. 98 of 2009, the same would be disposed of on its own merit without prejudice, Patna High Court Cr.Misc. No.15797 of 2012 (11) dt.30-10-2013 3/3 preferably one the same day, also taking into consideration that his father has been granted anticipatory bail and police has submitted final form in his favour. Let this order be communicated to the court of Sri Lalta Prasad, Judicial Magistrate 1st class, Siwan through fax at the cost of the petitioner. Shashi. (Samarendra Pratap Singh, J)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.