Santosh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45202 of 2018 Arising Out of PS. Case No.-38 Year-2018 Thana- KANHAULI District- Sitamarhi ====================================================== Santosh Rai, S/o Kishori Rai, Resident of Village- Madhu Karpur, P.S.- Kanhauli, District- Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

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

Mr. Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-08-2018 Heard learned counsel for the petitioner, learned counsel for the informant and the State.

The petitioner apprehends arrest in Kanhauli P.S. Case No. 38 of 2018 instituted for the offence under Sections 341,323,326,354,307,506/34 of the IPC.

It is alleged in the written report that the husband of the informant used to live outside the town. The father-in-law of informant always kept bad eye on her. The petitioner along with two other accused persons entered into her room on the date of occurrence and attempted to do illegal act with her. She raised protest, then the petitioner along with other accused assaulted her with iron rod and threw acid on her body causing serious burn injuries.

Learned counsel for the State has submitted that the

Patna High Court Cr.Misc. No.45202 of 2018(4) dt.23-08-2018 2/2 victim has given her statement before police which is recorded in paragraph 20 of the case diary, wherein, she has leveled specific allegation against this petitioner along with other two accused persons of assaulting her and throwing acid on her body. The injury report is available in paragraph 113 of the case diary, wherein, it is mentioned that 75% burn injury was found on the person of injured.

In such circumstances, this Court is not inclined to grant anticipatory bail to the petitioner.

Accordingly, this anticipatory bail petition stands rejected.

The petitioner is directed to surrender in the court below within six weeks from today and seek regular bail which will be considered by the court below in accordance with law, without being prejudiced by this order.

(Sanjay Priya, J) khushbu/- U T