Ajay Singh @ Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23386 of 2022 Arising Out of PS. Case No.-59 Year-2020 Thana- BELDOUR District- Khagaria ====================================================== AJAY SINGH @ AJAY KUMAR SON OF RAMJI SINGH RESIDENT OF VILLAGE - TELIHAR, P.S.- BELDAUR, DISTRICT- KHAGARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 309, 201 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that his sister was married to Rajan about 10 years back, further on 21.03.2020, he received information that his sister has died, accordingly he along with his family members reached the place of occurrence and came to know that his sister was killed by the accused persons, including the petitioner, and body disposed of, further his maternal nephews disclosed that accused persons killed their mother and took the dead body in a Bolero

Patna High Court CR. MISC. No.23386 of 2022(2) dt.07-11-2022 2/3 Car.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, it is next submitted that petitioner is the brother-in-law of the deceased and was not residing with the deceased and her husband, it is next submitted that police after investigation submitted final form, but learned trial court differed and took cognizance of the offence under Section 302 and other sections of the Indian Penal Code. The learned counsel for the petitioner submits that it absolutely does not stand to reason that when police after investigation submitted final form then on what basis on the same investigation the cognizance was taken, it is thus submitted that cognizance was taken in a mechanical manner.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.23386 of 2022(2) dt.07-11-2022 3/3 satisfaction of the learned trial court where the case is pending/successor court in connection with Beldaur P.S. Case No. 59 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T