Syed Wasif Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25325 of 2021 Arising Out of PS. Case No.-339 Year-2020 Thana- KHAJEKALA District- Patna ====================================================== SYED WASIF ALI Son of Syed Abrar Ahmad Resident of Rai Jai Krishna Road, Gurhatta, P.S.- Khajekalam, District- Patna. ... ... Petitioner/s
Versus
THE STATE OF BIHAR.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prashant Sinha For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-08-2022 By order dated 25.05.2022, the petitioner was granted provisional anticipatory bail by a co-ordinate Bench of this Court and case diary was called for.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that despite direction of the D.S.P., the Investigating Officer has not verified the truthfulness of the suicide note. It is submitted that the suicide note was recovered on 01.11.2020 at 13.45 hours and the FIR has been lodged at 06.30 a.m. on 02.11.2020, but there is no reference of the suicide note in the FIR. Learned counsel for the petitioner further submits from the FIR itself, it is clear that the postmortem of the deceased was done prior to lodging of the FIR. It is submitted that the petitioner cannot be blamed, if
Patna High Court CR. MISC. No.25325 of 2021(5) dt.16-08-2022 2/2 victim committed suicide for failure of love story. Learned APP for the State opposed the prayer for anticipatory bail of the petitioner and submitted that in the case diary, the witnesses have supported the prosecution case. Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected in connection with Khajekalan P.S. Case No.339 of 2020, pending in the court of learned Sub-divisional Judicial Magistrate, Patna City.
(Anjani Kumar Sharan, J.) Sanjay/- U T