Amit Kumar @ Amit Kumar Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23242 of 2025 Arising Out of PS. Case No.-204 Year-2022 Thana- BENIPATTI District- Madhubani ====================================================== Amit Kumar @ Amit Kumar Mishra S/O Rambabu Mishra R/o Village- Barri, P.S.- Benipatti, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s :
Mrs. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-05-2025 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Benipatti P.S. Case No. 204 of 2022 for the offence under sections 341, 323, 354(B), 504, 506, 379 and 34 of the I.P.C. lodged on 25.07.2022 by the informant, Renu Devi.
3. As per the prosecution story, the informant alleged that the petitioner and his brother abused her daughter, finding her alone. Upon protest, they outraged her modesty and when the informant came to the place, she was also abused/assaulted which followed snatching of the gold chain. This led to the FIR.
4. Learned counsel for the petitioner submits that though he has criminal antecedent of the same nature, the fact remains that the accused persons are neighbour and the earlier FIR was also lodged by them.
Patna High Court CR. MISC. No.23242 of 2025(2) dt.01-05-2025 2/2
5. Learned APP opposes the prayer submitting that not only he has criminal antecedent, the FIR is of the year 2022, the anticipatory bail application was rejected by the Sessions Court in the year 2023 and two years later, the present petition without seeking bail.
6. Considering the submissions of the parties as also the fact that a belated anticipatory bail has been filed despite rejection in the year 2023, coupled with the fact that he has criminal antecedent of the same nature, in that background, no relief can be extended to him.
7. The anticipatory bail application stands rejected.
8. If, however, the petitioner surrenders within four weeks from today, the Court concerned shall take up the matter and dispose it of preferably on the same day. (Rajiv Roy, J) Adnan/- U T