Ajay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.5859 of 2020 Arising Out of PS. Case No.-162 Year-2019 Thana- JHAJHA District- Jamui ====================================================== AJAY PASWAN Son of Bhim Paswan Resident of Village - Chhapa, Police Station - Jhajha, District - Jamui.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar, Advocate For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 26-06-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner, in the present case, is seeking anticipatory bail in connection with Jhajha P.S. Case no. 162 of 2019 registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code, pending in the court of learned Sub-Divisional Judicial Magistrate, Jamui. Petitioner is the husband of the deceased. In the first information report it is alleged that he was demanding a motorcycle and for this reason he had assaulted the deceased. Learned counsel for the petitioner submits that in course of investigation it has come that the deceased has committed suicide when her husband refused to grant her permission to go to her Maike.

Patna High Court CR. MISC. No.5859 of 2020(2) dt.26-06-2020 2/2 Learned counsel submits that in view of the materials coming in course of investigation suggesting that it is a case of suicide the petitioner deserves privilege of anticipatory bail. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

Having regard to the facts and circumstances of the case wherein admittedly the death has taken place within the four corners of the house of the petitioner and the allegation is that he was demanding a motorcycle and for this reason he was assaulting the deceased, this court is not inclined to grant privilege of anticipatory bail to the petitioner. Prayer for anticipatory bail of the petitioner is, thus, refused.

In case, the petitioner surrenders and prays for regular bail within four weeks from today in the court below his prayer for regular bail shall be considered on it's own merit without being prejudiced by the orders of this Court. (Rajeev Ranjan Prasad, J) Rajeev/Arvind U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.