Patna High CourtCR. MISC./28084/2023dismissed

Sanjeev Mahto @ Sanjeev Kumar v. The State Of Bihar

2023-10-03Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28084 of 2023 Arising Out of PS. Case No.-330 Year-2015 Thana- VAISHALI District- Vaishali ====================================================== Sanjeev Mahto @ Sanjeev Kumar Son Of Paras Nath Mahto Resident Of Village - Chakbaja, P.S.- Vaishali (Belsar O.P.), District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-10-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 304(B), 201/34 of the Indian Penal Code.

3. Petitioner is said to have committed murder of the daughter of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent, not named in the FIR and has been falsely implicated in this case. He submits that the petitioner is the husband of the deceased. He submits that there is compromise between the parties. He submits that occurrence took place in the year 2015 but this anticipatory bail application has been filed in 2023. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

Patna High Court CR. MISC. No.28084 of 2023(4) dt.03-10-2023 2/2

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case and the fact that there is delay of filing the anticipatory bail, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Vaishali (Belsar O.P.) P.S. Case No. 330 of 2015.

7. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays 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