Patna High CourtCR. MISC./58353/2022bail rejected

Uttam Chaubey @ Uttam Kumar Chaubey v. The State Of Bihar

2023-04-29Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58353 of 2022 Arising Out of PS. Case No.-228 Year-2022 Thana- CHANPATIA District- West Champaran ====================================================== Uttam Chaubey @ Uttam Kumar Chaubey Son of Sachchidanand Chaubey R/V- Chargaha, Sabeya Khurd, P.S- Sirisiya O.P Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar, Advocate.

For the Opposite Party/s :

Mr.Chandra Bhushan Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 29-04-2023 Heard Mr. Sanjeev Kumar, learned counsel appearing on behalf of the petitioner and Mr. Chandra Bhushan Prasad, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Chanpatiya (Sirsiya O.P.) P.S. Case No. 228 of 2022 registered for the offence punishable under Section 302/34 of the Indian Penal Code.

3. Considering the nature of allegation made in the F.I.R. and the materials which are on the record, I am not inclined to enlarge the petitioner on bail, however the petitioner may surrender before the court below and seek regular bail within three weeks, till then no coercive step shall be taken against the petitioner.

4. The regular bail application of the petitioner is

Patna High Court CR. MISC. No.58353 of 2022(3) dt.29-04-2023 2/2 directed to be disposed of by the court below on the same day without being prejudiced by any order of any court. The court below is required to consider the fact that the specific allegation against the petitioner is that he was having illicit relationship with the wife of the deceased and before that the wife of the deceased had lodged an F.I.R. against the petitioner in which he is on anticipatory bail.

5. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T