Rajesh Kumar Bhandari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71785 of 2023 Arising Out of PS. Case No.-69 Year-2023 Thana- RAJNAGAR District- Madhubani ====================================================== Rajesh Kumar Bhandari Son Of Late Chaitu Bhandari Village Kankarbagh Purvi, P.S. Rajnagar, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kusum Rani For the Opposite Party/s :

Mr. Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Rajnagar P.S. Case No. 69 of 2023 registered for the offences punishable under Sections 302/120(B) of the Indian Penal Code.

3. As per the prosecution case, the informant's daughter (deceased) was solemnized with petitioner in the year 2007. Two children were born out of the wedlock. It has been alleged that husband of the deceased was having illicit relationship for which she protested. As a result of which, her husband and others killed her.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.71785 of 2023(4) dt.09-04-2024 2/3 petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner is husband of the deceased. He further submits that there is no specific over act against the petitioner. He also submits that the F.I.R. was lodged after six days of occurrence and cause of delay in lodging the F.I.R. has not been explained. He also submits that in course of investigation the materials available for evidence and on the basis of statement of witnesses, the I.O. has made opinion that the case may be instituted under Section 306 of I.P.C.. The petitioner has one criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State vehemently opposing the bail petition submitted that the petitioner is the husband of the deceased and he is also involved in the present case.

6. Considering the facts and circumstances of case, nature of the offence and the petitioner is the husband of the deceased, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

7. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek

Patna High Court CR. MISC. No.71785 of 2023(4) dt.09-04-2024 3/3 regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order.

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