Shishupal Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75564 of 2024 Arising Out of PS. Case No.-147 Year-2022 Thana- VIJAYEPUR District- Gopalganj ====================================================== Shishupal Patel Son of Late Rampravesh Patel R/o Village- Mahuawa, P.S.- Vijaipur, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satyendra Rai For the Opposite Party/s :

Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Vijaipur P.S. Case No. 147 of 2022 registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner along with other co-accused persons is said to have killed the daughter of the informant due to non-fulfillment of dowry demand.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that no offence under Section 304(B) of the I.P.C. is made out

Patna High Court CR. MISC. No.75564 of 2024(3) dt.17-01-2025 2/2 against the petitioner. He further submits that there is no dispute with regard to the property in between the parties. The petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for anticipatory bail and submits that there is specific overt act against the petitioner.

6. Considering the facts and circumstances of case and the nature of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. However, if the petitioner surrenders before the learned Court below within six weeks from today and seeks regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order.

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