Chhotu Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40598 of 2016 Arising Out of PS.Case No. -85 Year- 2015 Thana -HATHAURI District- SAMASTIPUR ======================================================

1. Chhotu Das Son of Late Deo Narayan Das resident of VillageMohanghatti, P.S.- Hathauri (Shivaji Nagar O.P.), District- Samastipur (Bihar).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinay Kumar Mishra, Advocate For the Opposite Party/s : Mr. Chaubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-02-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 379/302/201/34 of the Indian Penal Code.

Allegation against the petitioner is that he committed rape and murder of Dropadi Kumari, the minor daughter of the informant.

Submission of the petitioner is that during investigation it has not come from any other material that petitioner has committed rape and murder of Dropadi Kumari; rather some of the witnesses stated that there was love-affairs between the two, which was not liked by the mother of the deceased, and when the

Patna High Court Cr.Misc. No.40598 of 2016 (7) dt.02-02-2017 2/2 matter came to public deceased fled away and committed suicide. Considering the allegation against the petitioner and the fact that investigation is going on, I am not inclined to grant anticipatory bail to the petitioner in connection with Hathauri (Shivaji Nagar O.P.) Police Station Case No. 85 of 2015 pending in the court of learned Sub-Divisional Judicial Magistrate, Rosera, Samastipur/Successor Court. Accordingly, the prayer for anticipatory bail is rejected. (Birendra Kumar, J) Mkr./- U T