Muzaffar Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24329 of 2019 Arising Out of PS. Case No.-426 Year-2014 Thana- KISHANGANJ District- Kishanganj ====================================================== MUZAFFAR ALI Son of Late Liyakat Ali Resident of Village- House no.1/138 Near Hanuman Mandir Housing Board Jawahar Nagar, P.S.- Ganga Nagar (Rajasthan).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-08-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Kishabnganj P.S.Case No.426/2014 registered for offences punishable under Sections 302, 328 and 34 of the Indian Penal Code.

Prosecution story is that the son of the informant has informed the informant that he has been brutally assaulted and he is lying in the Kishanganj Hospital and on that the information he went there and lodged the present case and during the investigation it has come that the deceased had illicit relationship with the wife of the petitioner at Jaipur where he was studying and residing in the house of the petitioner and there are some more evidence but there are some other materials

Patna High Court CR. MISC. No.24329 of 2019(4) dt.13-08-2019 2/2 in the case diary also.

Submission of the learned counsel for the petitioner is that the materials collected during the case diary also discloses that the deceased has received injuries in some other manner not in the manner as stated by the police and he has been falsely implicated in this case.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, if the petitioner surrenders and pray for regular bail, the same shall be considered by the learned court below without being prejudiced by the order of this Court .

With the aforesaid direction, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T