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Patna High CourtCR. MISC./11254/2020dismissed

Balviki Kumar v. The State Of Bihar

2020-03-04Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11254 of 2020 Arising Out of PS. Case No.-63 Year-2019 Thana- SALAIYA District- Aurangabad ====================================================== BALVIKI KUMAR Son of Narmdeshwar Prasad Resident of Village - Jogari, P.S.- Salaiya, Dist.-Aurangabad (Bihar).

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mrigendra Kumar For the Opposite Party/s :

Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-03-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 304 B & 201/34 of the Indian Penal Code.

Petitioner in association of his family members is said to have tortured the daughter of the informant and killed her.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature.

Learned APP for the State vehemently opposing

Patna High Court CR. MISC. No.11254 of 2020(2) dt.04-03-2020 2/2 the bail petition submitted that petitioner is the husband of the deceased and there is direct allegation against him, hence he does not deserve anticipatory bail.

Considering the facts and circumstances of case and particularly considering the fact that the petitioner is the husband of the deceased, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for bail of the petitioner is hereby rejected. However, the petitioner is directed to surrender before the learned Court below within six weeks from today and seek regular bail and the learned Court below would pass order in accordance with law on the same very date without being prejudiced by this order.

(Anjani Kumar Sharan, J) Trivedi/- U T