Patna High CourtCR. MISC./3718/2023rejected

Toonujee @ Avinash @ Avinash Kumar Singh v. The State Of Bihar

2023-02-25Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3718 of 2023 Arising Out of PS. Case No.-138 Year-2016 Thana- SAHIYARA District- Sitamarhi ====================================================== TOONUJEE @ AVINASH @ AVINASH KUMAR SINGH Son of Ram Babu Singh Resident of Village- Harkesh, P.S.- Sahiyara, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Jha For the Opposite Party/s :

Ms.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 25-02-2023 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends arrest in connection with Sahiyara P.S. Case No. 138 of 2016 registered for the offence under section 341, 323, 307, 498A, 34 of the Indian Penal Code and sections 3/4 of the Dowry Prohibition Act. Learned counsel for the petitioner submits that petitioner has not committed any offence as alleged in the first information report and he has been falsely implicated in this case. The present first information report has been lodged after delay without any explanation for the same. Petitioner has no criminal antecedent.

Learned Adll. P.P. appearing for the State opposes the prayer for bail and submits that there is specific allegation of

Patna High Court CR. MISC. No.3718 of 2023(3) dt.25-02-2023 2/2 injecting something in the back of neck of the informant and thereafter she was burnt. During course of investigation witnesses have also supported the prosecution case. The petitioner, therefore, does not deserve to be granted the privilege of anticipatory bail.

Considering the nature of allegations levelled and the submissions advanced on behalf of the parties, this Court is not inclined to grant bail to the petitioner. His prayer for bail is, accordingly, rejected.

mcv/- (Arvind Srivastava, J) U T