Manoj Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45692 of 2022 Arising Out of PS. Case No.-151 Year-2020 Thana- SONO District- Jamui ====================================================== 1.

MANOJ RAJAK SON OF MEGHAN RAJK R/O VILLAGE- DAHIYARI, P.S.- SONO, DISTRICT- JAMUI 2.

RAJKUMAR RAJAK SON OF MEGHAN RAJAK R/O VILLAGEDAHIYARI, P.S.- SONO, DISTRICT- JAMUI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar, Advocate For the Opposite Party/s :

Mrs.Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-02-2023 Heard the parties.

The petitioners apprehend their arrest in connection with Sono P.S. Case No.151/2020, registered for the offence punishable u/s 302, 201/34 of the IPC.

As per the prosecution case, the F.I.R. named accused persons including the petitioners have killed the daughter of informant by hanging and disposed the body.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. It is submitted that the apprehended co-accused Ravi Rajak has been acquitted by the learned court below itself. It is

Patna High Court CR. MISC. No.45692 of 2022(3) dt.20-02-2023 2/2 further submitted that the statement of mother of the victim was recorded u/s 164 Cr.P.C., where, she has not supported the prosecution case. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case and considering the nature of allegation, I am not inclined to enlarge the petitioners named above on anticipatory bail. The prayer for grant of bail on their behalf is rejected. This application is accordingly dismissed.

However, if petitioners surrender before the learned court below within six weeks from today and seek regular bail, the learned court below shall pass order, preferably, on the same date, without being prejudiced of the dismissal of the present case, considering that the main co-accused has been acquitted by the learned court below itself.

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