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Patna High CourtCR. MISC./60896/2023dismissed

Rakesh Ranjan Mishra @ Rajesh Ranjan Mishra @ Bablu Jha v. The State Of Bihar

2023-12-21Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60896 of 2023 Arising Out of PS. Case No.-89 Year-2023 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== Rakesh Ranjan Mishra @ Rajesh Ranjan Mishra @ Bablu Jha Son Of Tuntun Jha Resident Of Village - Sahepur Kamal, Police Station - Sahepur Kamal, District - Begusarai ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Nisha Kumari Daughter Of Shikander Mahto Resident Of Village - Tarbanna, P.S. Sahepur Kamal, District - Begusarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sarvottam Kumar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP :

Mr. Amar Kumar Singh, Advocate :

Mr. Rahul Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-12-2023 Heard learned counsel for the petitioner and learned APP for the State assisted by learned counsel for the informant.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 325, 498-A, 307 and 34 of the Indian Penal Code and Section 3⁄4 of the D.P. Act pending in the learned court below.

3. As per the prosecution case, all the accused persons including the petitioner are said to have mentally tortured and assaulted the daughter of the informant by means of lathi, danda and caused her badly injured. After that they taken her away in a new car and thrown her in the Battiya Valley in Jamui.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner is husband of the

Patna High Court CR. MISC. No.60896 of 2023(3) dt.21-12-2023 2/2 daughter of the informant. He submits that they were going to Deoghar by car in the meantime they met with an accident. He further submits that there was no intention to cause death as there was no intervening circumstance and the so called injured Nisha Kumari found consicous and alive by the police in Jamui. He further submits that that the informant want to extort the money and land from the petitioner and his family members. He submits that petitioner has got one criminal antecedent as stated in para-3 of the bail application.

5. Per contra, learned APP for the State along with learned counsel for the informant vehemently opposing the bail application and submits that the allegation levelled as the petitioner is serious in nature and there is ample evidence against the petitioner in the case diary. Hence, he does not deserve anticipatory bail.

6. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail in connection with Sahepur Kamal P.S. Case No. 89 of 2023. Accordingly, his prayer for anticipatory bail is hereby rejected. (Anjani Kumar Sharan, J) ajay/- U T