Patna High CourtCR. MISC./13753/2018disposed

Raj Nath Paswan v. The State Of Bihar

2018-05-08Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13753 of 2018 Arising Out of PS.Case No. -10 Year- 2016 Thana -BIBHUTIPUR District- SAMASTIPUR ====================================================== Raj Nath Paswan, S/o Ram Chandra Paswan, Resident of Village-Bhuswar, P.S.-Bibhutipur, District-Samastipur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Ms. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-05-2018 Heard learned counsel for the petitioner.

Petitioner apprehends his arrest in connection with Bibhutipur P.S. Case No. 10 of 2016, registered for the offences punishable under Sections 302/34 of the Indian Penal Code. Allegation against the petitioner is of causing death to the deceased, who happened to be father of the informant. Submission of learned counsel for the petitioner is that except suspicion that as earlier he has given threat to him there is nothing against him and paragraph-53 of the case diary shows that deceased died of heart attack.

Heard learned APP also.

Having heard both sides and in the facts and circumstances, let the petitioner, above named, surrender within a

Patna High Court Cr.Misc. No.13753 of 2018 (3) dt.08-05-2018 2/2 period of four weeks from the receipt of this order and on his so surrendering he shall be released on provisional bail till submission of charge sheet to the satisfaction of court below on the condition that he will co-operate in investigation, otherwise his bail bond shall be cancelled. It is made clear that once charge sheet has been submitted and the case is found true against the petitioner, petitioner has to surrender and make prayer for regular bail, which shall be considered on its own merit. With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U