Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8794 of 2021 Arising Out of PS. Case No.-964 Year-2019 Thana- DANAPUR District- Patna ====================================================== VIKASH KUMAR SON OF SRI SHEO JANAM RAI RESIDENT OF VILLAGE - NEURI, P.S. - NEURA (BIHTA), DISTRICT - PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Sinha For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-08-2021 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioner is apprehending his arrest in Danapur P.S. Case No. 964 of 2019 registered under Sections 302/304(B), 201, 34 of the Indian Penal Code.

Allegedly, dead body of 25 years old lady was found in the bank of Ganga.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. There is no eye witness to the alleged occurrence.

Patna High Court CR. MISC. No.8794 of 2021(3) dt.31-08-2021 2/2 On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R. He is husband of the deceased. The onus is upon the petitioner to explain cause of death of his wife. The deceased is said to have died due to asphyxia.

Considering the aforesaid facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail to the petitioner in connection with Danapur P.S. Case No. 964 of 2019 is rejected.

In case, the petitioner surrenders before the court below and seeks regular bail, the same shall be considered on its own merit without being prejudiced by this order. (Sudhir Singh, J) A.K.V.//- U T