Mithlesh Kumar Paswan @ Mithlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76127 of 2023 Arising Out of PS. Case No.-304 Year-2022 Thana- LALGANJ District- Vaishali ====================================================== MITHLESH KUMAR PASWAN @ MITHLESH KUMAR Son of Late Vindeshwar Paswan @ Bindeshwar Paswan R/o vill - Prataptand (Partap Tanr) West, P.S. - Bhagwanpur, Distt. - Vaishali at Hajipur ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gazala Perween, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 07-03-2024 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Lalganj P.S. Case No. 304 of 2022 for the offence under sections 363, 366(A), 34 of the I.P.C. lodged on 14.08.2022 by the informant, Arvind Kumar.

3. As per the prosecution story, the victim girl had gone out to attend the call of nature but failed to return. As they were searching, the villagers made alarm that the dead body of a girl has been found which turned out to be the informant's sister and as per the post-mortem report, the death has occurred due to strangulation. Accordingly, the FIR.

4. In this case, a co-ordinate Bench had called for the case diary which has since been received and learned APP has

Patna High Court CR. MISC. No.76127 of 2023(3) dt.07-03-2024 2/2 taken this Court to paragraph 43 which is the supervision note of the S.D.P.O., Sadar, Hajipur which has narrated the story that earlier this petitioner alongwith one Jawahar Paswan went to the house of the informant and warned him to check his sister (the deceased) as she was calling their cousin brother, Mithlesh Paswan in the night. This followed the disappearance of the girl and subsequently, the recovery of the dead body with strangulation mark.

5. In the aforesaid supervision note of the S.D.P.O., Sadar, Hajipur in which the name of Mithlesh Paswan (the petitioner herein) as also Chhotan Paswan have cropped in, it will be appropriate that the petitioner seeks bail, the anticipatory bail application stands rejected.

6. If the petitioner surrenders within a period of four weeks from today, the Court shall take up the matter and dispose it preferably on the same day.

(Rajiv Roy, J) kiran/- U T