Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27179 of 2021 Arising Out of PS. Case No.-78 Year-2018 Thana- TILAUTHU District- Rohtas ====================================================== MUNNA KUMAR Son of Vijay Lal @ Vijay Prasad Sinha Resident of Village- Sonpura, Post office- Chandanpura, P.S.- Tilauthu, District- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Singh, Advocate For the Opposite Party/s :

Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in connection with Tilauthu P.S. case No.78/2018 registered under Sections 376/34 of the Indian Penal Code and Sections 67, 67(a) of the I.T. Act, 2008, pending in the court of S.D.J.M., Dehri, District Rohtas at Sasaram.

Prosecution case, in short, is that two co-accused caught the victim and did wrong act and made video and showed it to society.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.27179 of 2021(3) dt.04-04-2022 2/2 the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. His name has transpired in this case in course of investigation. Due to previous enmity and village politics, the name of the petitioner has been dragged in the present case.

On behalf of the State, it is submitted that though the petitioner is not named in the F.I.R., but the victim in her statement recorded under Section 164 Cr.P.C. has named the petitioner.

Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected.

If the petitioner surrenders before the court below and prays for regular bail, same shall be considered on its own merit without being prejudiced by this order.

(Sudhir Singh, J) Narendra/- U T