Vinod Rai @ Vinod Kumar Suman (Mes) v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16041 of 2021 Arising Out of PS. Case No.-106 Year-2020 Thana- RAJAPAKAR District- Vaishali ====================================================== Vinod Rai @ Vinod Kumar Suman (MES) S/O Haridwar Rai R/O VillageChakjainab Chaksikandar, P.S-Bidupur, District-Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Sinha, Adv.

For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 306 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that allegation levelled against the petitioner is general and omnibus in nature. It has been submitted on behalf of the petitioner that he is not the family member of the deceased or his matrimonial home and except the allegation that

Patna High Court CR. MISC. No.16041 of 2021(2) dt.07-12-2021 2/2 at the time when the deceased had visited his matrimonial home, this petitioner also happened to be there. There is no other material present against him and as such no case under Section 306 of IPC is made out against him. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

However, learned APP for the State opposes the prayer for bail and submits that petitioner has played main role in the present case.

Considering the suicide note of the deceased as annexed at Annexure-2, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Rajapakar P.S. Case No. 106 of 2020 pending before the court of the learned A.C.J.M.-3, Vaishali at Hajipur.

If the petitioner surrenders before the learned court below and pray for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order.

(Anjani Kumar Sharan, J) devendra/- U T