Patna High CourtCR. MISC./10211/2018dismissed

Pappu Paswan v. The State Of Bihar

2018-03-29Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10211 of 2018 Arising Out of PS.Case No. -687 Year- 2014 Thana -AURANGABAD COMPLAINT CASE District- AURANGABAD ====================================================== Pappu Paswan, Son of Niranjan Paswan, Resident of Village- Dhanauti Police Station- Barun, District- Aurangabad (Bihar). .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sheojanam Paswan, S/o Late Khelawan Paswan, Resident of VillageUchkundhi, P.S. Daud Nagar, District- Aurangabad, Permanent Address Village- Khaira Bind, P.S. Aurangabad Town, District- Aurangabad. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nivedita Nirvikar, Advocate. For the Opposite Party/s : Mr. Kanhaiya Kishore, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-03-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Complaint Case No. 687 of 2014 instituted for the offence under Sections 304(B)/34 of the Indian Penal Code.

The petitioner is husband of the deceased.

Learned counsel for the petitioner has submitted that police after investigation has submitted Final Form in this Case. The Court below has on the basis of protest petition made enquiry in the case under Section 202 Cr. P.C. and, thereafter, found prima facie case for the offence under Section 304B/34 of the Indian Penal Code.

Patna High Court Cr.Misc. No.10211 of 2018 (3) dt.29-03-2018 2/2 Learned Sessions Judge has mentioned in the impugned order that in course of enquiry, complainant as well as four witnesses were examined and on the basis of their statement, the court has found sufficient material against the accused persons for the offence under Sections 304B/34 of the Indian Penal Code. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner stands rejected.

Petitioner may surrender before the court below and make prayer for regular bail which shall be considered by the court below in accordance with law without being prejudiced by this order preferably on the same day, if possible. (Sanjay Priya, J) S.Ali/- U T