Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55988 of 2021 Arising Out of PS. Case No.-13 Year-2018 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== Raushan Kumar Son Of Avdhesh Prasad Resident Of Village - Rupani Machchhan Jogauli, Tola Rupanbi, P.S.- Madhuban, Distt.- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Chandra Shekhar Anand For the Opposite Party/s :

Mr. Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-10-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302, 201 120(B) and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioner. He submits that petitioner is not named in the F.I.R. and the name of the petitioner transpired in this case during

Patna High Court CR. MISC. No.55988 of 2021(3) dt.13-10-2022 2/2 course of investigation on the basis of mobile no. which was in the name of the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail and submits that in para 29 of the case diary the mobile bearing no.9117194911 belongs to the petitioner and on that basis petitioner is made accused in the present case. He further submits that petitioner was harassing the deceased and was compelling for illicit relation due to which she had committed suicide.

Considering the facts and circumstances of the case and the fact that petitioner is involved in the present case, I am not inclined to enlarge the petitioner on bail in connection with Siwaipatti P.S. Case no. 13 of 2018. Accordingly, his prayer for anticipatory bail is rejected.

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