Parmeshwar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23659 of 2016 Arising Out of PS.Case No. -156 Year- 2015 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Parmeshwar Prasad S/o Late Ramagya Mahto R/o village Latmari, P.S. - Mahuliya, District - Rauthat (Nepal).

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. A.L. Pandit (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-07-2016 Heard learned counsel appearing on behalf of the petitioner and learned Addl. Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Chiraiya P.S. Case No. 156 of 2015, disclosing offences under Sections 302, 201 and 120(B) of the Indian Penal Code. The petitioner is the husband of the deceased. It is alleged that the informant was married to the petitioner in the year 2007. Allegedly, the petitioner and his family members started torturing his sister, the deceased, for which the informant had earlier lodged Ghorashan P.S. Case No. 147 of 2008. It also appears that another case was lodged by the deceased against the petitioner. However, the petitioner is said to have

Patna High Court Cr.Misc. No.23659 of 2016 (3) dt.14-07-2016 2/2 married another girl.

Learned counsel appearing on behalf of the petitioner has submitted that there is no material to show his involvement in death of the deceased. He has submitted that as per the First Information Report, the dead body of the deceased was found in Sikarahana, District East Champaran, whereas the petitioner is a resident of Nepal. He also submits that there is no evidence to show that the petitioner had killed the deceased in Nepal. From the case diary it transpires that the police upon completion of investigation has submitted charge-sheet against other accused persons. It appears that the charge-sheet has not been submitted against the petitioner.

Considering the nature of accusation, I am not inclined to grant the petitioner privilege of anticipatory bail. This application is, accordingly, rejected.

The petitioner is directed to surrender before the court below within four weeks from today and seek regular bail, if so advised. If they do so, their application for regular bail shall be considered on its own merits, without being prejudiced by rejection of present application for grant of anticipatory bail. (Chakradhari Sharan Singh, J) siddharth/- U T