Patna High CourtCR. MISC./43232/2015dismissed

Punit Rai v. The State Of Bihar

2016-01-04Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.43232 of 2015 (4) dt.04-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43232 of 2015 Arising Out of PS.Case No. -203 Year- 2013 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Punit Rai son of Shankar Rai resident of Akauna, P.S- Chiraiya, DistrictEast Champaran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Md. Anis Akhtar, Adv. For the Opposite Party/s : Mr. Jitendra Kumar Singh 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-01-2016 Heard both sides.

The petitioner apprehends his arrest in Chiraiya P.S. Case No. 203/2013, registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code. The informant alleged that his sister-in-law (Bhabhi) Chenu Devi developed illicit relation with Punit Rai, the petitioner. The informant saw them in compromising position but Chenu Devi and this petitioner threatened the informant of dire consequences. The son of the informant was not found in his house. On enquiry, Panna Lal Rai disclosed that Chenu Devi took his son towards field and the petitioner was also following the boy.

It is submitted that nobody is eye-witness of the

Patna High Court Cr.Misc. No.43232 of 2015 (4) dt.04-01-2016 occurrence. Chenu Devi was arrested and she has already been granted regular bail.

Taking into consideration that the petitioner was also with Chenu Devi and the deceased boy, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

The petitioner, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail and his prayer shall be considered taking into consideration that similarly situated co-accused Chenu Devi has already been granted regular bail. The court below shall dispose of the regular bail of the petitioner preferably on the same day. (Prabhat Kumar Jha, J.) Rakhi U T