Md. Raja Hussain @ Raja v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27429 of 2020 Arising Out of PS. Case No.-614 Year-2017 Thana- JAHANABAD District- Jehanabad ====================================================== Md. Raja Hussain @ Raja Son of Md. Tamanna Hussain @ Md. Tamanna Resident of Mohalla - Panchmahala, P.S.- Jehanabad, District - Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Subodh Kumar, Adv.
For the State :
Dr. Indiwar Kumari APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 12-02-2021 Heard learned counsel for the petitioner and the learned APP for the State.
Learned counsel for the petitioner is expected to honor his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon.
Petitioner apprehends arrest in connection with Jehanabad PS Case No. 614 of 2017 instituted for the offence under Section(s) 326A, 307 and 120B of the Indian Penal Code. Subsequently, Section 302 of the Indian Penal Code has been added.
The allegation is that the petitioner along with others have poured acid upon the victim who has died.
The petitioner's counsel submits that co-accused Jubaida Khatoon has already been allowed anticipatory bail in Cr. Misc. No 61324 of 2017. The accusation is based, even as per prosecution case, on subsisting land dispute. The learned APP draws attention of the Court towards the
Patna High Court CR. MISC. No.27429 of 2020(5) dt.12-02-2021 2/2 materials during the course of investigation, as a case diary has been received. The specific allegation of pouring acid is against the petitioner and other persons and that parity cannot be claimed with co-accused Jubaida Khatoon, as against her, there is only an allegation of conspiring.
Considering the rival submissions, this Court, for the present, is not inclined to extend the privilege of bail to the petitioner.
Prayer for anticipatory bail stands rejected. (Madhuresh Prasad, J) shyambihari/- U T