Balindra @ Balindra Ram @ Malindra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87411 of 2019 Arising Out of PS. Case No.-191 Year-2019 Thana- KUCHAIKOTE District- Gopalganj ====================================================== BALINDRA @ BALINDRA RAM @ MALINDRA Son of Ram Pravesh Resident of Village- Chauchaka, P.S.- Kuchaikote, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manager Sah For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-01-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kuchaikot P.S. Case No. 191 of 2019 for the offence registered under Sections 341, 326, 307, 506, 354/34 of the Indian Penal Code.

The allegation of the prosecution is that on the alleged date and time of occurrence when the informant was going to attend the call of nature, the accused persons including the petitioner had caught hold of her and dragged her in the orchard of one Ramji Singh wherafter the petitioner herein had cut her throat by means of a knife and then they all had fled away.

The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.87411 of 2019(2) dt.24-01-2020 2/2 that the petitioner has been falsely implicated in the present case and he is having a clean antecedent.

Having regard to the facts and circumstances of the case and considering the submissions of the learned counsel for the parties, this Court finds from a bare perusal of the impugned order dated 20.09.2019 as also from the FIR that the petitioner is the main accused who is stated to have cut the throat of the informant by means of a knife and the injury found on the neck of the informant is grievous in nature caused by a sharp cutting weapon, hence prima facie a case is definitely made out against the petitioner of having committed a heinous crime, thus considering the gravity of the allegations levelled as also seriousness of the accusation, this Court finds that the petitioner is not entitled to the privilege of anticipatory bail, hence the same stands dismissed.

(Mohit Kumar Shah, J) S.Sb/- U T