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Patna High CourtCR. MISC./60528/2017rejected

Raju Kumar v. The State Of Bihar

2018-01-10Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60528 of 2017 Arising Out of PS.Case No. -127 Year- 2016 Thana -SIKANDARA District- JAMUI ====================================================== Raju Kumar Son of late Anil Singh Resident of Village: Sikandra , Police Station: Sikandra, District:Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Achal Kumar Sinha For the Opposite Party/s : Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-01-2018 Heard the learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks anticipatory bail in connection with Sikandra PS case no. 127 of 2016 dated 24.8.2016 registered for the offences punishable under Section 304(B)/34 of the Indian Penal Code.

The allegation against the petitioner is regarding conspiring with the other accused persons and torturing the victim lady for dowry and ultimately killing her.

The learned counsel for the petitioner submits that at the time when death of the deceased victim lady took place, the petitioner was serving in Indian Army and was not present at the place of occurrence.

Patna High Court Cr.Misc. No.60528 of 2017 (3) dt.10-01-2018 2/2 This Court had called for the case diary for verifying the plea of alibi of the petitioner. However, in the case diary there is no material to show that the petitioner was serving in Indian Army at the time of occurrence.

Having regard to the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail is rejected.

(Mohit Kumar Shah, J) BTiwary/- U T