Patna High CourtCR. MISC./81983/2023rejected

Rajkumar Sharma @ Raj Kumar Sharma @ Raj Kumar Thakur v. The State Of Bihar

2024-01-24Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81983 of 2023 Arising Out of PS. Case No.-64 Year-2023 Thana- INARWA District- West Champaran ====================================================== Rajkumar Sharma @ Raj Kumar Sharma @ Raj Kumar Thakur Son Of Late Nandlal Sharma R/O Village- Ustad Bahuarwa, P.S.- Inarwa, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-01-2024 Heard Mr. Bimlesh Kumar Pandey, learned counsel for the petitioner and Mrs. Sharda Kumari, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Inarwa P.S. Case No. 64 of 2023, F.I.R. dated 01.07.2023 for the offences punishable under Sections 304B and 34 of the Indian Penal Code.

3. According to prosecution case, petitioner along with other co-accused persons are said to have murdered the deceased by strangulation.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the

Patna High Court CR. MISC. No.81983 of 2023(2) dt.24-01-2024 2/2 petitioner has not committed any offences as alleged in the F.I.R. He further submits that the petitioner has been made accused in this case merely on the ground that he is husband of the deceased.

5. The learned Additional Public Prosecutor on the basis of material available on record has vehemently opposed the prayer for bail of the petitioner and submits that there is direct and specific allegation against the petitioner that he has committed murder of the deceased.

6. Considering the allegation as alleged in the F.I.R and the material available on record, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Inarwa P.S. Case No. 64 of 2023 pending in the court of Judicial Magistrate 1st Class, Bettiah, West Champaran.

7. Prayer is refused.

(Rajesh Kumar Verma, J) ajay/- U T