Nishikant Kumar @ Rahul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72806 of 2022 Arising Out of PS. Case No.-98 Year-2022 Thana- SARAI District- Vaishali ====================================================== NISHIKANT KUMAR @ RAHUL S/o Chandeshwar Rai @ Chandeshwar Ray R/v- Sarsai, P.S.- Sarai, District- Vaishali ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mrityunjay Kumar For the Opposite Party/s :

Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in Sarai P.S. Case No. 98 of 2022 registered for the offences punishable under Sections 420, 379, 467, 468 and 471 of the Indian Penal Code.

The petitioner, while working with the informant, is said to have stolen the data and phone number from her mobile phone and made a forged marriage certificate by affixing her photo and tarnished her image.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case in a concocted case. It is further submitted that petitioner has no hands in the alleged crime and

Patna High Court CR. MISC. No.72806 of 2022(2) dt.24-03-2023 2/2 no marriage certificate was prepared by the petitioner. The petitioner is a married man and father of children. The petitioner has no criminal antecedent.

Learned APP for the State vehemently opposing the bail petition submitted that there is specific allegation against the petitioner of tarnishing the image of the informant. Hence, the petitioner does not deserve bail.

Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek 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) Trivedi/- U T