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Patna High CourtCR. MISC./65397/2022dismissed

Ayush Kumar @ Ayush Raj v. The State Of Bihar

2023-01-24Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65397 of 2022 Arising Out of PS. Case No.-248 Year-2022 Thana- PATORI District- Samastipur ====================================================== AYUSH KUMAR @ AYUSH RAJ SON OF RAM SANDESH RAI R/O VILLAGE- MOHANPUR, P.S.- PATORI, DISTRICT- SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar, Adv.

For the Opposite Party/s :

Mr.Md. Fahimuddin, APP Mr.Piyush Kumar Pandey, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-01-2023 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner apprehends his arrest in connection with Patori (Mohanpur O.P) P.S. Case No.-248/2022, registered for the offence punishable u/s 341, 323, 354(B), 379, 380, 427, 447, 448, 504, 506/34 of the IPC.

Allegedly, the petitioner and one other accused entered into the house of informant and tried to outrage her modesty and also assaulted her. Thereafter, all accused persons assaulted her. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. There is prior

Patna High Court CR. MISC. No.65397 of 2022(3) dt.24-01-2023 2/2 enmity between the parties. Other co-accused Ram Sandesh Rai and Manju Devi have already been granted anticipatory bail by the learned court below. Petitioner has no criminal antecedent. Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail by submitting that there is specific allegation against the petitioner. Having regard to the facts and circumstances of the case, considering that there is specific allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. The prayer for bail on his behalf is hereby rejected. This application is accordingly dismissed.

(Anjani Kumar Sharan, J) pallavi/- U T