Patna High CourtCR. MISC./31179/2019dismissed

Manoj Rai @ Manoj Kumar v. The State Of Bihar

2019-08-05Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31179 of 2019 Arising Out of PS. Case No.-714 Year-2018 Thana- FATUA District- Patna ====================================================== MANOJ RAI @ MANOJ KUMAR Son of Satya Narayan Ray Resident of Village-Jethuli, P.S.-Nadi, District-Patna (Permanent Resident of Saidpur,P.S.- Raghopur, District-Vaishali).

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Harish Kumar For the State :

Mr.Binod Kumar For the Informant : Mr.Saket Tiwary, Mr.Anuraj Singh Mr. Sahet Gutpa, Mr. Tarun ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 302/34 of the Indian Penal Code registered in connection with Fatuha P.S. Case No. 714/2018.

3. It is submitted that the petitioner has been falsely implicated merely on suspicion except which there is no objective material to connect the petitioner with the alleged occurrence. There is no eye-witness to the alleged occurrence nor the petitioner had any enmity with the deceased which might have provided motive. The petitioner claims clean antecedents.

4. Learned APP assisted by learned counsel for the informant appear and has been heard.

5. Learned APP refers to para 23 of the case diary containing the post mortem report to submit that the cause of death

Patna High Court CR. MISC. No.31179 of 2019(3) dt.05-08-2019 2/2 was Asphyxia due to strangulation, which therefore, corroborates the accusation.

6. Learned counsel for the informant pointed out that coaccused Suresh Ri @ Suresh Prasad Ray has been denied anticipatory bail in Cr. Misc. No. 30490 of 2019.

7. Having regard to the nature of accusations and gravity of offence alleged, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. The anticipatory bail petition stands dismissed.

(Vikash Jain, J) Chandran/- U T