Ram Auatar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63752 of 2021 Arising Out of PS. Case No.-259 Year-2021 Thana- DAUDNAGAR District- Aurangabad ====================================================== RAM AUATAR CHAUDHARY Son of Lalji Choudhary Resident of Village - Baluganj, Ward no.02, P.S.- Daudnagar, Distt.- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajiv Ranjan Kr. Pandey For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 20-07-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner and learned Mr. J.N.Thakur learnned APP for the State, assisted by learned counsel for the informant.

The petitioner apprehends his arrest for the offences alleged under Sections 376, 420, 341, 323, 354, 354(A), 504 and 506/34 of the Indian Penal Code, registered in connection with Daudnagar P.S.Case No. 259 of 2021. As per the allegation, co-accused Utakal Kumar the son of the present petitioner had physical relation with the informant on the pretext of marriage. Co-accused Utakala

Patna High Court CR. MISC. No.63752 of 2021(2) dt.20-07-2022 2/3 Kumar retracted from his word and refused to marry the informant. When the informant went to the house of the petitioner to complain, he badly assaulted her and abused her in filthy word. He also threatened to burn to ashes and disappear her deadbody and also entered into the house of the informant. The learned counsel for the petitioner has submitted that the petitioner is innocent. The allegation of rape is not against him rather against his son. He has submitted further that on similar ground other accused persons have been granted anticipatory bail by this Court.

On the other hand, learned APP and learned counsel for the informant has submitted that the petitioner is a dreaded criminal. The criminal antecedent described in paragraph 3 of the bail petition shows that he is involved in eight cases, to which the learned counsel for the petitioner replied that in five cases he has been acquitted.

Though there is no allegation against the petitioner for committing rape rather it is against his son, but he threatened the informant to kill and disappear her dead-body and he assaulted her and has criminal antecedent of so many cases. In view of aforesaid, the petitioner does not deserve the anticipatory bail. His prayer for anticipatory bail is rejected.

Patna High Court CR. MISC. No.63752 of 2021(2) dt.20-07-2022 3/3 Office shall ensure that all defects are removed by the petitioner within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T