Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29786 of 2025 Arising Out of PS. Case No.-43 Year-2024 Thana- HATHAURI District- Muzaffarpur ====================================================== Rohit Kumar S/O Lal Babu Sahani R/O Village- Thikahi Ward no.-09, Sahila Rampur, P.S- Hathauri, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Bela Singh, Advocate For the Opposite Party/s :

Mr. Rajendra Singh, A.P.P.

For the Informant :

Mr. Manoj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-07-2025 Heard learned counsel for the petitioner, informant and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 147, 149, 302, 201, 120B of the Indian Penal Code.

3. The informant alleged that her daughter was in relationship with this petitioner and on 11.03.2024, while her daughter had gone outside to attend the nature's call, all the F.I.R. named accused persons including this petitioner killed her by strangulation and later on, cremated her body in the field.

4. Learned counsel for the petitioner submits that from bare perusal of the F.I.R. it is apparent that informant is not an eye witness of the occurrence and mere suspicion has been

Patna High Court CR. MISC. No.29786 of 2025(2) dt.16-07-2025 2/2 raised against petitioner. As a matter of fact, the deceased was killed by her own family members as they were opposed to the relationship of the informant with this petitioner and to save their skin this false and concocted case has been lodged against petitioner. It is further submitted that similarly situated coaccused, namely, Lal Babu Sahani has already been granted anticipatory bail by this Hon'ble Court vide order dated 27.03.2025 passed in Cr. Misc. No. 1250 of 2025. Petitioner claims clean antecedent.

5. However, learned counsel for the informant vehemently opposed the bail application and submitted that petitioner cannot claim parity with other co-accused persons for the reason that there is specific accusation that this petitioner was in relationship with the deceased and had strong motive. It is he who along with others committed the offence.

6. Considering backdrop of the case and nature of accusation, prayer for anticipatory bail of the petitioner is refused.

(Prabhat Kumar Singh, J) Navya/- U T