Tarni Yadav @ Tarni Rout v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46846 of 2023 Arising Out of PS. Case No.-639 Year-2022 Thana- BANKA District- Banka ====================================================== Tarni Yadav @ Tarni Rout Son Of Ganesh Yadav Resident Of Village Garijor, Ps Banka, District- Banka.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Kumar, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Banka P.S. Case No.639 of 2022, F.I.R. dated 09.10.2022 registered for the offence punishable under Sections 302, 34 of the Indian Penal Code and under Sections 3,4 and 5 Prevention of Witch Practices Act, 1999.

3. Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R.

4. Learned APP for the State submits that the present anticipatory bail application is not maintainable stating that before the filing of the present anticipatory bail petition the

Patna High Court CR. MISC. No.46846 of 2023(3) dt.11-10-2023 2/2 process under Sections 82, 83 has been completed by the learned trial court on 24.04.2023 on itself.

5. Considering the aforesaid facts and submissions of the State, the present anticipatory bail petition is not maintainable and hence it is dismissed.

(Rajesh Kumar Verma, J) Prakash Narayan U T