Patna High CourtCR. MISC./18934/2016rejected

Jai Prakash Paswan v. The State Of Bihar

2016-05-09Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18934 of 2016 Arising Out of PS.Case No. -50 Year- 2010 Thana -RAJAPAKAR District- VAISHALI(HAJIPUR) ======================================================

1. Jai Prakash Paswan S/o Bidya Paswan, Resident of Village- Bishunpur Ram, P.S. Rajapakar (Baranti O.P.) Dist- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mahendra Thakur For the Opposite Party/s : Mr. Durgesh Nandan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-05-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for anticipatory bail arises out of Rajapakar (Baranti O.P.) P.S. Case No. 50 of 2010, disclosing offences under Section 304B/201/34 of the Indian Penal Code.

Petitioner is the husband of the deceased. The First Information Report was instituted in the year 2010. It seems that the petitioner started taking steps for grant of anticipatory bail four years thereafter. It is submitted on behalf of the petitioner that the First Information Report has been instituted by the uncle of the deceased and her parents have so far not been examined even by the police.

However, considering the fact that there has been unexplained delay in approaching the court after institution of the First Information Report for grant of anticipatory bail, I am not inclined to entertain this application. This application for grant of anticipatory bail is rejected.

The petitioner is directed to surrender before the Court below within four weeks from today and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered on its own merit, without being prejudiced by rejection of present application for grant of anticipatory bail.

(Chakradhari Sharan Singh, J) ArunKumar/- U