PATNA, India, June 11 -- Patna High Court issued the following order on May 13:
Heard Mr. Ajay Kumar, learned Advocate appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Tajpur P.S. Case No. 101 of 2004, registered for the offences punishable under Sections 304 (B), 201 and 34 of the Indian Penal Code.
3. Learned Advocate appearing on behalf of the petitioner contended that admittedly the present FIR is based upon the institution of a complaint petition, which came to be lodged long back in the year 2004, however, the police during the course of investigation submitted final form against other family members and, as such, on the misconceived notion, the petitioner also realized that the final form has submitted in his case also, he left pursuing the matter and thus, delay has occurred.
4. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that the petitioner has approached this Court after twenty years and in the mean while, he had been evading from the law and, as such, in no circumstances the prayer for anticipatory bail should be entertained.
5. Having considered the position that the petitioner had been evading from the law for the last twenty years, this Court does not find any reason or occasion to entertain the anticipatory bail application, hence the same stands rejected. The petitioner is directed to surrender before the Court below, preferably within a period of four weeks from today. In case the same is not done, the jurisdictional Court and the Superintendent of Police, Samastipur shall take appropriate steps to ensure his appearance in the case.
Disclaimer: Curated by HT Syndication.
