Jitendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30740 of 2020 Arising Out of PS. Case No.-143 Year-2018 Thana- BAKHTIYARPUR District- Patna ====================================================== JITENDRA PASWAN, Son of Late Basudev Paswan Resident of Geruari, P.S.- Bakhtiyarpur, District- Patna.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Kashyap For the Opposite Party/s :

Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-03-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office vide its notes dated 10.11.2020, within four weeks of starting of Court proceeding in physical mode in normal course. Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bakhtiyarpur P.S. Case No. 143 of 2018, registered under Sections 302 and 201/34 of the Indian Penal Code, pending in the court of the learned A.C.J.M-I, Barh, Patna. The accusation is that informant Mahendra Paswan had performed marriage of his daughter with Lavkush Paswan, son of Late Basudeo Paswan, resident of village-Geruari, P.S. Bakhtiyarpur, District-Patna in the year 2007. The Myaka

Patna High Court CR. MISC. No.30740 of 2020(3) dt.22-03-2021 2/2 people of his daughter used to do business of preparing liquor, but his daughter made protest due to that reasons, she was killed on 19.03.2018 and her dead body has been concealed. Learned counsel appearing on behalf of petitioner submits that petitioner is the brother-in-law of the deceased. Further submission is that, in fact, deceased, daughter of informant, committed suicide by burn due to quarrel in between deceased and her husband, but she was taken by the family members to the hospital. Further submission is that Lavkush Paswan, husband of deceased, is in custody. On the other hand, learned A.P.P. opposed the prayer for pre-arrest bail of the petitioner with submission that in the whole case diary, it is not detailed that deceased was rushed for treatment, rather, her dead body was found at N.M.C.H, which had been brought by the Police.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant pre-arrest bail to the petitioner. Accordingly, his prayer for grant of pre-arrest bail stands rejected.

(Rajendra Kumar Mishra, J) manish/- U T