Raja Thakur @ Punit Kumar Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57353 of 2024 Arising Out of PS. Case No.-58 Year-2024 Thana- GOPALPUR District- Bhagalpur ====================================================== Raja Thakur @ Punit Kumar Thakur S/O Suman Thakur @ Suman Kumar Thakur R/O Village- Rangra, P.S- Gopalpur (RANGRA O.P), Distt.- BHAGALPUR.
... ... Petitioner/S
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Balkrishna Mishra, Adv For the Opposite Party/s :
Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-11-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Gopalpur (Rangra O.P.) P.S. Case No. 58/2024 dated 17.02.2024 registered for the offence punishable u/s 363, 302 read with section 34 of the Indian Penal Code.
3. As per the prosecution case, on 16.02.2024 at about 10:00 A.M., the wife of the informant, namely, Shobha Devi went to deliver milk at Brahman Tola but did not return to home.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of
Patna High Court CR. MISC. No.57353 of 2024(3) dt.20-11-2024 2/3 the petitioner has transpired merely on the basis of suspicion. There is a case and counter case between the parties. There is no direct and indirect evidence against the petitioner. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioner by submitting that the dead body of the informant's wife was found during course of the investigation. After recovery of the dead body, statement of the informant was again recorded in which he has stated that the petitioner along with other accused persons has killed his wife when she asked for dues money of milk. As per the impugned order dated 24.06.2024, the charge-sheet has already been submitted against the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioner, I am of the view that no case for grant of anticipatory bail is made out. The petition is rejected and the petitioner is directed to surrender to the Court below within four weeks from the date of this order and the Court below shall consider the prayer of the bail of the petitioner on the same day without being prejudice by this order.
Patna High Court CR. MISC. No.57353 of 2024(3) dt.20-11-2024 3/3
7. This application stands rejected (Chandra Prakash Singh, J) Jyoti/- U T