Rakesh Kumar Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6435 of 2018 Arising Out of PS.Case No. -64 Year- 2017 Thana -RISHIUP District- AURANGABAD ====================================================== Rakesh Kumar Kushwaha, S/o Ganga Prasad Kushwaha, R/o Village Risiup, P.S.Risiup, District-Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Pranav Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 28-03-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Risiup P.S. Case No. 64 of 2017 registered under Sections 304(B)/201/120B of the I.P.C. pending in the Court of C.J.M., Aurangabad.

Submission is that the alleged occurrence is of 07.08.2017 and the first information report is lodged on 06.09.2017 i.e. after lapse of one month. There is no specific allegation against the petitioner.

Learned A.P.P. appearing on behalf of the State vehemently opposed the prayer of the petitioner by contending that there is direct allegation against the petitioner. Further

Patna High Court Cr.Misc. No.6435 of 2018 (4) dt.28-03-2018 2/2 submission is that petitioner, being the husband, has full responsibility to search his deceased wife. He did not take notice of his wife during the said period. Hence, he does not deserve anticipatory bail.

Having considered the facts and circumstances of the case and nature of the allegation, I am not inclined to allow the prayer of the petitioner for anticipatory bail. Accordingly, prayer of the petitioner is rejected.

(Arvind Srivastava, J) Shailendra/- U T