Rupam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25978 of 2020 Arising Out of PS. Case No.-56 Year-2019 Thana- JANDAHA District- Vaishali ====================================================== Rupam Kumar, S/o Pradeep Bhagat @ Pradeep Kumar Bhakta, Resident of Village-Tusharpur @ Tujarpur, P.S.-Khaira, District-Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Chandra Gandhi, Adv.

For the Opposite Party/s :

Mr. Anand Kishore Chaudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 01-02-2021 Heard learned counsel for the petitioner and Mr. Anand Kishore Chaudhary, learned APP for the State. The petitioner in the present case is seeking pre-arrest bail in connection with Jandaha P.S. Case No.56/2019 registered for the offences punishable under Section 302 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is the husband of the deceased and he has falsely been implicated in this case. Learned counsel submits that there is no eye witness to the alleged occurrence and the petitioner has been made accused in this case without there being any cogent material against him. It is submitted that the petitioner has got no criminal antecedent.

Learned APP for the State is present and has opposed

Patna High Court CR. MISC. No.25978 of 2020(5) dt.01-02-2021 2/2 the prayer for pre-arrest bail of the petitioner. Having regard to the facts and circumstances of the case wherein this petitioner is said to be the husband of the deceased, it was a love marriage and they were living together in the rented premises, and it is informed by learned A.P.P. that the dead body of the newly married lady was recovered from the rented house on the information furnished by the house owner to the police, this Court is not inclined to grant privilege of anticipatory bail to the petitioner. Prayer is, thus, refused. In case the petitioner surrenders and prays for regular bail in the court below within a period of four weeks from today, his prayer for regular bail shall be considered on its own merit without being prejudiced by the order of this Court. The observation with regard to surrender in the court below within a period of four weeks from today shall not be construed as granting any interim protection to the petitioner for the aforesaid period.

(Rajeev Ranjan Prasad, J) arvind/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.