Raushan Kumar @ Raushan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37212 of 2015 Arising Out of PS.Case No. -181 Year- 2015 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ======================================================

1. Raushan Kumar @ Raushan Rai son of Bishwanath Rai, resident of village Kathoulia, P.S. Bidupur, District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Choudhary For the Opposite Party/s : Mr. B.M.P.Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-11-2015 Heard both sides.

The petitioner apprehends arrest in a case registered for the offences punishable under sections 302/34 and 120(B) of the Indian Penal Code.

The informant alleged that his neighbour Seema Devi took away his daughters Krishna Devi and Mridula Devi to Bidupur Bazar on the pretext of purchasing medicine. Mridula Devi returned to his house and she disclosed that she and Seema Devi went on a motor cycle along with Manoj Rai whereas on another motor cycle Krishna Devi sat with Raushan Kumar. During the course of enquiry the informant came to know that a lady was found lying by the side of the road who was under treatment at P.H.C. Bidupur. She was referred to Sadar Hospital,

Patna High Court Cr.Misc. No.37212 of 2015 (3) dt.05-11-2015 Hajipur where the doctor declared her dead.

It is submitted that all the allegations are false and concocted. Krishna Devi met with an accident and died. The post mortem report shows that the deceased got brain injury in RTA. It appears that none other than the sister of the deceased stated that the petitioner took Krishna Devi and thereafter neither the petitioner nor Krishna Devi returned and she was found in unconscious condition.

Considering the facts aforesaid, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Bidupur P.S. Case No. 181 of 2015 pending in the court of the learned Chief Judicial Magistrate, Vaishali at Hajipur. His prayer for anticipatory bail is, accordingly, rejected. (Prabhat Kumar Jha, J) Amin/- U