Ram Gopal Rout v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6723 of 2022 Arising Out of PS. Case No.-200 Year-2021 Thana- BANKA District- Banka ====================================================== RAM GOPAL ROUT SON OF LATE BHADDO ROUT @ BHADDO PRASAD RAUT RESIDENT OF VILLAGE- MOHANPUR, P.S. BARAHAT, DISTRICT- BANKA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Nandad Prasad, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 149, 302 of the Indian Penal Code read with Section 7(C) of the Protection from Lynching Act, 2017.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. The informant alleges that petitioner along with other accused persons brutally assaulted her husband with lathi, danda and iron rod on account of which he sustained severe injury and died on the way to the hospital.

Patna High Court CR. MISC. No.6723 of 2022(2) dt.23-08-2022 2/2 Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case and he is the villager and he has no concerned with the informant or her husband. He further submits that there is no specific allegation of assault against the petitioner or any of the accused persons. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that it is an admitted fact that the husband of the informant died on account of assault and it has been specifically alleged that he was assaulted brutally by the accused persons including the petitioner.

Considering the submissions made by the learned A.P.P., the Court is not inclined to extend the privilege of anticipatory bail to the petitioner in connection with Banka (Barahat) P.S. Case No. 200 of 2021 pending in the Court of learned Chief Judicial Magistrate, Banka/successor Court. Hence, prayer for anticipatory bail is refused. (Satyavrat Verma, J) Kundan/- U T