Pawan Kumar Sah @ Pawan Kumar @ Pawan Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13033 of 2013 Arising Out of PS.Case No. -186 Year- 2012 Thana -KESARIA District- EASTCHAMPARAN (MOTIHARI) ====================================================== Pawan Kumar Sah @ Pawan Kumar @ Pawan Kumar Gupta son of Akshyavar Sah Resident of Village Nawada, Police Station Govindganj, District East Champaran (Motihari).

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Dhurendra Kumar, Advocate For the State : Mr. Jitendra Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 21-01-2015 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 304 B and 201 read with Section 34 of the Indian Penal Code registered in connection with Keshariya P.S. Case No.186 of 2012.

3. It is submitted that the petitioner has been falsely implicated as the so-called victim lady, while living with her husband at Jalandhar, fled away voluntarily and without information in respect of which a Sanha was also lodged on the same day i.e. on 20.07.2012 at Jalandhar.

4. Learned APP for the State, on the other hand, submits on the basis of the case diary that the informant's daughter has not

Patna High Court Cr.Misc. No.13033 of 2013 (8) dt.21-01-2015 2/2 yet been recovered, whether she is alive or dead, even after lapse of two years since the institution of the first information report.

5. Having regard to the nature of accusations, gravity of offence alleged as well as the fact that the victim lady is still missing, this Court is not inclined to grant anticipatory bail to the petitioner. Bail petition stands dismissed.

6. If the petitioner surrenders and seeks regular bail before the learned trial Court, the same shall be considered on its own merit in accordance with law and without being prejudiced by any observation in the present order.

7. As regards paragraph 3 of the order dated 12.09.2014, the matter shall be taken up on the administrative side. (Vikash Jain, J) B.T/- U T