Premchand Rai @ Prem Chandra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55519 of 2019 Arising Out of PS. Case No.-171 Year-2018 Thana- PATORI District- Samastipur ====================================================== Premchand Rai @ Prem Chandra Rai, Son of Ram Naresh Rai, Resident of Village-Beri Barat, P.S.-Patory (Mohanpur O.P), District-Samastipur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Jyoti Ranjan Jha, Adv.

For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-11-2019 Heard Mr. Jyoti Ranjan Jha, learned Advocate for the petitioner and Mr. Md. Aslam Ansari for the State. The petitioner, who is the husband of the deceased, seeks bail in anticipation of his arrest in connection with Patori (Mohanpur O.P.) P.S. Case No. 171 of 2018, dated 31.05.2018, instituted for the offences under Sections 304(B), 120(B), 201 and 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.55519 of 2019(3) dt.16-11-2019 2/3 It has been submitted on behalf of the petitioner that the deceased suffered colic pain and about this, the informant was told but since the deceased had died and the informant came to the home of the petitioner rather late, the deceased was cremated. It has further been submitted that the accusation is very vague and general. The further contention on behalf of the petitioner is that out of the wedlock of the petitioner with the deceased, two children were born, who are now being maintained by the petitioner. On the aforesaid grounds, the petitioner seeks prearrest bail. However, this Court, on considering the accusation in the F.I.R., is not inclined to grant anticipatory bail to the petitioner.

The prayer for anticipatory bail is, accordingly, rejected.

However, if the petitioner surrenders before the Court below within a period of four weeks and seeks regular bail, the Court below shall take into account all the grounds which have been urged here and, thereafter, shall pass a

Patna High Court CR. MISC. No.55519 of 2019(3) dt.16-11-2019 3/3 reasoned order in accordance with law, without being prejudiced by the fact that the present anticipatory bail application has not been entertained.

(Ashutosh Kumar, J) Praveen-II/- U T