Binod Kumar Bishwas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3758 of 2023 Arising Out of PS. Case No.-262 Year-2022 Thana- AMAUR District- Purnia ====================================================== Binod Kumar Bishwas, Son of Late Mahesh Lal Bishwas, Resident of village - Kharaiya, P.S.- Amour, District - Purnia.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N. K, Agrawal, Sr. Advocate Dr. Bidhu Ranjan, Advocate Mr. Arvind Kumar, Advocate Mr. Sumit Jha, Advocate For the Opposite Party/s :

Ms. Suman Kumari Singh, A.P.P.

Mr. Ejaz Akhtar, Advocate Mr. Helal Ahmed, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-04-2023 Heard the parties.

Petitioner apprehends arrest in case registered for the offences punishable under Sections 302, 304B/34, 201, 120B of the Indian Penal Code.

As per prosecution case, all the F.I.R. named accused persons including this petitioner committed murder of the daughter of the informant and performed her last rites without giving any information with a view to disappear the evidence. Petitioner is husband of the deceased.

Learned counsel for the petitioner submits that F.I.R. in the present case has been lodged after delay of about two months and there is no explanation for the same. He next

Patna High Court CR. MISC. No.3758 of 2023(3) dt.17-04-2023 2/2 submits that there is no eye witness of the occurrence. Rather, informant and his family members participated in the funeral ceremony and this false case has been lodged against the petitioner only to blackmail him.

Learned counsel for the informant opposes the bail application and submits that petitioner is husband of the deceased and he along with other accused persons committed murder of daughter of the informant.

Considering the fact that the deceased died within seven years of marriage in an unnatural circumstances at her matrimonial house, the prayer for anticipatory bail of petitioner is rejected.

(Prabhat Kumar Singh, J) Navya/- U T