Pradeep Gond v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59233 of 2022 Arising Out of PS. Case No.-120 Year-2022 Thana- GUTHANI District- Siwan ====================================================== PRADEEP GOND Son of Indrajeet Gond Resident of Village- Sematar, P.S.- Guthani, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramchandra Sahni For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-01-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in Guthani P.S. Case No. 120 of 2022 registered for the offences punishable under Section 302/34 of the Indian Penal Code pending in the Court of learned C.J.M., Siwan.

The petitioner in association of his family members is said to have assaulted and killed the daughter of the informant. Petitioner is the husband of the deceased. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that after the wedlock with the

Patna High Court CR. MISC. No.59233 of 2022(3) dt.30-01-2023 2/2 deceased, they were enjoying their conjugal life happily and have been blessed with three daughters only without son and it was the reason that wife of the petitioner was usually feeling sad. It is also submitted that the father of the deceased (informant) had participated in funeral ceremony of the deceased. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State vehemently opposing the bail petition submitted that the petitioner is the husband of the deceased and allegation is serious in nature, hence he does not deserve anticipatory bail.

Considering the facts and circumstances of case as well as the fact that petitioner is the husband of the deceased, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. However, the petitioner is directed to surrender before the learned Court below within six weeks from today and seek regular bail and the learned Court below would pass order in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) Trivedi/- U T