Rajesh Paswan @ Kishore Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36458 of 2018 Arising Out of PS.Case No. -449 Year- 2017 Thana -JAMUI District- JAMUI ======================================================

1. Rajesh Paswan @ Kishore Paswan, son of Sri Ramdeo Paswan @ Dashrath Paswan, resident of village - Padmavat, P.S. + District - Jamui. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arbind Kumar, Advocate For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP For the Informant : Mr. Amrendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 21-08-2018 Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the Informant. Petitioner apprehends his arrest in Jamui P.S. Case No.449 of 2017 instituted for the offence under Section(s) 302 Indian Penal Code pending in the Court of the Chief Judicial Magistrate, Jamui.

It is alleged in the written report that daughter of the informant was married with Santosh Singh in the year 2013. She has two children out of the wedlock. His son-in-law was living in Delhi to earn his livelihood. Daughter of the informant was living with elder son in a rented house. Another son was living with the informant. It is alleged that on the date of occurrence elder grandson of the informant, Priyanshu @ Prince, informed on telephone that Rajesh (petitioner) has burnt his mother and he is

Patna High Court Cr.Misc. No.36458 of 2018 (3) dt.21-08-2018 2/2 taking his mother to Sadar Hospital. The informant and his wife reached Sadar Hospital and found his daughter badly burnt. She was crying and speaking that Rajesh has caused burn injuries to her.

The informant in his further statement in para 3 and other witnesses in para 5, 9 and 10 have also supported the case by levelling specific allegation against the petitioner that deceased was crying and speaking that this petitioner has caused burn injury to him. The witness in para 9 (Suresh Singh) is landlord of the house where the deceased was living. He has stated that he saw the petitioner running away from the place of occurrence and the deceased was speaking that he has burnt her. In such circumstances, this Court does not find it a fit case for grant of anticipatory bail.

Prayer of the petitioner for grant of anticipatory bail is rejected.

Petitioner may surrender before the Court below and seek regular bail, which shall be considered and disposed off in accordance with law without being prejudiced by this order. (Sanjay Priya, J) JA/- U T