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Patna High CourtCR. MISC./71662/2021bail rejected

Hariom @ Hariom Kumar v. The State Of Bihar

2022-09-06Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71662 of 2021 Arising Out of PS. Case No.-242 Year-2020 Thana- CHAKIA District- East Champaran ====================================================== Hariom @ Hariom Kumar S/O Rajmangal Ray R/O Village- Vimalpur, P.O. And P.S.- Mehsi, District- East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 365 of the Indian Penal Code, subsequently, sections 302,364, 34 of the Indian Penal Code was also added. It is a case of commission of murder after abduction of the husband of the informant.

It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case. There is no any material evidence against the petitioner.

Patna High Court CR. MISC. No.71662 of 2021(3) dt.06-09-2022 2/3 In contra, learned APP appearing on behalf of the State has vehemently opposed the prayer for anticipatory bail of the petitioner and submitted that the witnesses in the Case Diary have stated that the deceased had solemnized marriage with the informant against the will of her family member, hence, there might be a possibility that petitioner being cousin brother of the informant has killed his cousin brother-in law. The petitioner was also last seen with the deceased. The deceased was driver of a truck and the cleaner of the truck in question just after the murder of the deceased was apprehended who confessed that the deceased went along with the petitioner and one Kanchan Rai and there after did not return.

Considering the fact that the deceased was last seen with the petitioner and there are circumstantial evidence against the petitioner, this court is not inclined to grant privilege of anticipatory bail to the petitioner. The prayer for grant of anticipatory bail to the

Patna High Court CR. MISC. No.71662 of 2021(3) dt.06-09-2022 3/3 petitioner stands rejected.

(Sunil Kumar Panwar, J) Shageer/- U T