Abhishek Kumar @ Pitar @ Abhishek Kumar Rai @ Pitar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37729 of 2022 Arising Out of PS. Case No.-56 Year-2022 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== ABHISHEK KUMAR @ PITAR @ ABHISHEK KUMAR RAI @ PITAR RAI Son of Gajendra Rai Resident of village - Rampur, P.S.- Bakhri, District - Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sakina Khatoon Wife of Israfil Resident of village - Rampur, P.S.- Bakhri, District - Begusarai.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar For the Opposite Party/s :

Mr. Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

The petitioner apprehends his arrest in a case registered for the offence punishable under sections 323, 354, 379 of IPC. Allegedly, the petitioner entered into the house of the complainant and tried to outrage her modesty. It is also alleged that the petitioner alongwith others assaulted the complainant and her husband.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He

Patna High Court CR. MISC. No.37729 of 2022(2) dt.22-11-2022 2/2 has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is a land dispute between the parties. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail by submitting that the petitioner has suppressed his criminal antecedent.

Having regard to the facts and circumstances of the case, since, the petitioner has suppressed his criminal antecedent, I am not inclined to enlarge the petitioner named above on bail. The prayer for grant of anticipatory bail on behalf of the petitioner is rejected.

This instant application is dismissed.

(Anjani Kumar Sharan, J) shikha/- U T