Raju Kumar @ Raju Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11636 of 2023 Arising Out of PS. Case No.-65 Year-2022 Thana- VAISHALI District- Vaishali ====================================================== Raju Kumar @ Raju Ray S/O Bhikhari Ray R/V- Muza, P.S.- Saraiya, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Niraj Kumar, Advocate Ms. Saloni Sinha, Advocate For the Opposite Party/s :

Mr. Mohammad Sufyan, APP For the Informant :

Mr. Rajiv Ranjan Dwivedi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State assisted by learned counsel for the informant.

The petitioner apprehends his arrest in Vaishali P.S. Case No. 65 of 2022 registered for the offences punishable under Section 365, 302, 201 and 34 of the Indian Penal Code pending in the Court of learned Chief Judicial Magistrate, Vaishali at Hajipur.

As per the prosecution case, the son of the informant has been murdered in conspiracy by Khusboo Kumari and other co-accused persons and the petitioner is also involved in the same conspiracy.

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

Patna High Court CR. MISC. No.11636 of 2023(4) dt.24-06-2023 2/2 the petitioner is not named in the FIR and the name of the petitioner has been transpired in this case on the basis of secret information furnished by guptchar which found in Para-62 in the case diary. The petitioner has got no criminal antecedent as mentioned in para-3 of the bail application.

Learned APP for the State as well as learned counsel for the informant oppose the prayer for bail and submit that it is admitted fact that the deceased and one Khushboo Kumari was in love with each other and the petitioner is the maternal-uncle of Khushboo Kumari.

Considering the facts and circumstances of case, the nature of the offence and material available in the case diary, 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 seek 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