Sujit Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55058 of 2022 Arising Out of PS. Case No.-133 Year-2019 Thana- RANIYATALAB District- Patna ====================================================== Sujit Paswan Son Of Late Dasrath Paswan R/O Village- Barah, P.S.- Ranitalab, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-12-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects, if any, within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 364 and 34 of the Indian Penal Code.

As per FIR, the daughter of the informant was killed by her in-law family member including the petitioner and her dead body was also disappeared.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.55058 of 2022(2) dt.15-12-2022 2/2 case. He submits that petitioner and his wife (deceased) were living peacefully with each other but due to non-fulfillment of her illegal demand she committed suicide. He submits that petitioner is the husband of the deceased. He submits that there is no specific over act against the petitioner. He submits that there is general and omnibus allegation leveled against the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application. Learned APP for the State opposed the prayer for bail. Considering the nature of the allegation, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Rani Talab P.S. Case No. 133 of 2019.

However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day considering the fact that, no offence under section 364 of the Indian Penal Code has been made out against the petitioner.

(Anjani Kumar Sharan, J) guddukr/- U T