IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23441 of 2011 ====================================================== Ajay Yadav, son of late Prasadi Yadav, resident of Vill. Sajour, P.S. Shahkund (Sajour) Distt. Bhagalpur. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vikram Deo Singh, Advocate For the Opposite Party/s : Mrs. Indu Bala Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 3 15-10-2011 Heard. The petitioner apprehends his arrest in a criminal prosecution originally registered under Section 307/34 and some other allied offences under the Indian Penal Code, but subsequently offence under Section 302 of the Indian Penal Code was also added. Learned counsel for the petitioner submits that though the petitioner happens to be the younger brother of husband of the deceased (Dewar) and has been named in the first information report as an accused, but allegations against him have not been supported by the independent witnesses during the course of the investigation. He also points out that the dying declaration of the deceased was separately recorded by one Assistant Collector, Bhagalpur, where the petitioner has not been named as an accused. Patna High Court Cr.Misc. No.23441 of 2011 (3) dt.15-10-2011 2 Learned Additional Public Prosecutor appearing for the State has opposed the prayer made on behalf of the petitioner for grant of anticipatory bail. He has pointed out that the dying declaration as recorded by the Assistant Collector, Bhagalpur cannot be treated as a dying declaration in the eye of law. He also pointed out that as a matter of fact, the first information report vide Annexure-1 is based on the fardbeyan of the deceased herself, where she has specifically attributed the allegations against the petitioner for commission of crime in question. Be that as it may, in view of nature of allegations against the accused person including the petitioner, this Court is not inclined to accede to the prayer for grant of anticipatory bail. It is, accordingly, rejected. The petitioner must surrender in the court below in connection with Sahkund (Sajour) P.S. Case No. 68 of 2011 dated 23.04.2011 pending in the court of learned Chief Judicial Magistrate, Bhagalpur within a period of four weeks from today, and if so advised, seek regular bail, which shall be considered on its own merit without being prejudiced by the present order. Anjani /- (Birendra Prasad Verma, J)