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Patna High CourtCR. MISC./10797/2022rejected

Umakesh Kumar @ Tempu v. The State Of Bihar

2023-03-21Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10797 of 2022 Arising Out of PS. Case No.-471 Year-2018 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== UMAKESH KUMAR @ TEMPU SON OF GORAKHNATH PRASAD R/O VILLAGE AND P.O.- DUMARIYA, P.S.- TARARI, DIST.- BHOJPUR (ARA) ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

ANNU KUMARI @ PUTUL DAUGHTER OF HARENDRA PRASAD R/O VILLAGE AND P.O.- BAMHWAR, P.S.- PIRO, DIST.- BHOJPUR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shatrughan Pandey, Adv.

For the Opposite Party/s :

Mr. Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-03-2023 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends arrest in connection with Complaint Case No. 471C of 2018 registered for the offences under Sections 420, 498A, 452, 380 and 307 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the instant case. There is general and omnibus allegation against the petitioner. Petitioner has no criminal antecedent. Learned Additional Public Prosecutor appearing for the State opposes the prayer of bail and submits that petitioner

Patna High Court CR. MISC. No.10797 of 2022(8) dt.21-03-2023 2/2 has not made the payment of arrear amount as directed twice vide orders dated 19.05.2022 and 14.03.2023. It is also submitted that the petitioner is not willing to abide by the terms and conditions of the Memorandum of Agreement made on 25.07.2022 at the Patna High Court Mediation Centre. He therefore, submits that petitioner does not deserve to be enlarged on anticipatory bail.

Considering the nature of allegation levelled against the petitioner and the submissions advanced on behalf of the parties, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. His prayer for bail is accordingly rejected.

anuradha/- (Arvind Srivastava, J) U T