Sukhu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48158 of 2021 Arising Out of PS. Case No.-194 Year-2020 Thana- GHOSI District- Jehanabad ====================================================== SUKHU PASWAN S/o- Jhapas Paswan R/o- village - Dhobri, P.S.- Ghosi (Okari), Dist. - Jehanabad, Bihar.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs.Deepika Sharma, Advocate For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-03-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 306, 504 and 506 of the Indian Penal Code.

The prosecution allegation, in short, is that the petitioner used to torture his wife due to which she consumed poison.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.48158 of 2021(2) dt.11-03-2022 2/2 petitioner. The petitioner has been made accused due to mistake of fact. The deceased was under depression for a long period of time and for the said reason, she has consumed poison. She was being treated by the doctor. The petitioner is not an abettor. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Ghosi (Okari) P.S. Case No. 194 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T