Rakesh Bhagat @ Rakesh Kumar Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49476 of 2023 Arising Out of PS. Case No.-82 Year-2022 Thana- BISHUNPUR District- Darbhanga ====================================================== 1.

Rakesh Bhagat @ Rakesh Kumar Bhagat S/O Pukar Bhagat @ Ram Pukar Bhagat R/O Village- Amta, Ps. Baheri, Dist. Darbhanga 2.

Pukar Bhagat @ Ram Pukar Bhagat S/O Late Jagdish Bhagat R/O VillageAmta, Ps. Baheri, Dist. Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aprajita For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 23-08-2023 Heard the learned counsel for the petitioners and the State.

2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Bishanpur P. S. Case No. 82 of 2022, registered for the offences punishable under Sections 341, 323, 379, 354(A), 504, 427 and 34 of the Indian Penal Code.

3. The prosecution case in short is that on 22.06.2022 at about 08.30 A.M., the accused persons came and abused the informant and on protest all accused persons assaulted the informant by means of iron rod and lathi and

Patna High Court CR. MISC. No.49476 of 2023(2) dt.23-08-2023 2/3 snatched golden chakti from the neck of the informant. It is further alleged that the accused persons pulled the saree of the informant, due to which she became semi-naked.

4. The learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. She further submits that there is delay of 7 days in lodging the FIR. She also submits that investigation in this case is complete and charge-sheet has already been submitted.

5. It is also stated in paragraph no. 2 of the petition that no similar petition has earlier been filed by the petitioners either before this Court or before the Hon'ble Apex Court.

6. It has further been stated that the petitioners have no criminal antecedent.

7. The learned APP for the State vehemently opposes the prayer of the petitioners for bail, submitting that they have violated the dignity of a woman as well as there is allegation of attempt to murder because as per the injury report, grievous injury has been found at the person of the

Patna High Court CR. MISC. No.49476 of 2023(2) dt.23-08-2023 3/3 victim.

8.

Considering the aforesaid facts and circumstances, I am not persuaded to enlarge the petitioners on bail.

9. The application stands dismissed accordingly.

10. The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.

(Jitendra Kumar, J) asmit/- U