Deopujan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21250 of 2023 Arising Out of PS. Case No.-118 Year-2022 Thana- MAKER District- Saran ====================================================== Deopujan Rai Son Of Suresh Ray R/O Village- Chandila, P.S.- Maker, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Singh, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-10-2023 Heard learned counsel for the petitioner and Dr. Ajeet Kumar, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Maker P.S. Case No. 118 of 2022, F.I.R. dated 07.06.2022 for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.

3. According to prosecution case, the petitioner along with other accused persons came to the house of the informant and started abusing and dragging the daughter of the informant and killed her by pressing her neck.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the

Patna High Court CR. MISC. No.21250 of 2023(5) dt.03-10-2023 2/2 F.I.R. He further submits that there is no accusation of any assault or overt act attributed against the petitioner rather the same is against the co-accused persons and at best the petitioner was present at the place of occurrence. He further submits that there is independent witnesses to support the case of the prosecution against the petitioner.

5. The learned Additional Public Prosecutor on the basis of material available on record and case diary has vehemently opposed the prayer for bail of the petitioner and submits that the dead body of the victim has not yet been recovered and the restatement of the witnesses have fully supported the case of the prosecution and there is allegation against the petitioner that he was also present at the place of occurrence.

6. Considering the aforesaid facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Maker P.S. Case No. 118 of 2022 pending in the court of Judicial Magistrate, Saran at Chapra. (Rajesh Kumar Verma, J) Vanisha/- U T