Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48014 of 2017 Arising Out of PS.Case No. -210 Year- 2016 Thana -SAHEBGANJ District- MUZAFFARPUR ======================================================

1. Rohit Kumar Son of Rameshwar Patel, R/o Isha Chhapra, P.S.- Sahebganj, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Kant Singh For the Opposite Party/s : Mr. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-01-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Sahebganj P.S. Case No. 210 of 2016 instituted for the offence under Section-302 of the Indian Penal Code.

It is alleged in the written report that this petitioner wanted to marry with daughter of the informant and he had earlier taken his daughter for the purpose of marriage. It is further alleged that application with respect to the aforesaid occurrence was given by the informant to the police but keeping in view the prestige of the daughter, the matter was closed. The daughter of the informant never loved the petitioner. The marriage of daughter of the informant was settled at Motihari. Thereafter, on the date of occurrence, while the daughter of informant was alone in the house, this petitioner forcibly tried to take his daughter and when she protested, the petitioner sprinkled K. Oil and

Patna High Court Cr.Misc. No.48014 of 2017 (4) dt.05-01-2018 2/2 put her on fire. The informant went to save her on her screaming and the petitioner fled away. The daughter of the informant was taken to PMCH with help of villagers where she died in course of treatment. Counsel for the petitioner has submitted that police has during course of investigation found love affairs between daughter of the informant and the petitioner.

The statement of an independent witness has been recorded at para-78 wherein it has been stated that this petitioner was having love affairs with daughter of the informant.

This court finds that there is specific allegation of overt act against the petitioner as mentioned in the written report. In such circumstances, this court is not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail stands rejected.

The petitioner is directed to surrender in the court below and seek regular bail which will be considered and disposed of on its own merit without being prejudiced by this order. (Sanjay Priya, J) A.K.V./- U T