Asutosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 72240 of 2018 Arising Out of PS. Case No.-165 Year-2018 Thana- Tekari District- Gaya ====================================================== Asutosh Kumar, S/o Dwarika Mahato @ Dwarika Singh, R/o Village - Bajitpur, P.S. - Tikari, District - Gaya.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Prithivi Raj Singh For the Opposite Party/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

04-12-2018 Heard Sri Prithivi Raj Singh, learned counsel for the petitioner. None appeared on behalf of State. The sole petitioner, who is sole accused in the F.I.R., apprehending his arrest in Tekari P.S. Case No. 165 of 2018 registered for offence under Sections 341, 323, 504, 506, 379 and 354 of the Indian Penal Code, has prayed for grant of bail in the event of his arrest or surrender.

Learned counsel for the petitioner submits that despite the fact that in the written report, date of occurrence has been mentioned as 14-05-2018, without any plausible explanation, the F.I.R. was lodged on 20-05-2018 and this creates serious doubt on the prosecution case. He further submits that there is no other eye-witness to the occurrence.

On perusal of the F.I.R., it appears that the victim in

Patna High Court Cr.Misc. No.72240 of 2018(2) dt.04-12-2018 2/2 the case is 10 years old daughter of the informant. The F.I.R. itself depicts about the conduct of the petitioner and as such, I am not inclined to grant anticipatory bail.

The prayer for anticipatory bail stands dismissed. (Rakesh Kumar, J.) anay U T