Patna High CourtCR. MISC./28853/2015rejected

Vimal Bhagat v. The State Of Bihar

2016-01-11Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28853 of 2015 Arising Out of PS.Case No. -306 Year- 2013 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ======================================================

1. Vimal Bhagat son of Late Suraj Bhagat resident of village Mustafapur, P.S. Bidupur, District - Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Binod Kumar No. 2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-01-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Bidupur P.S. Case No. 306 of 2013 registered for the offences punishable under Sections 147, 148, 149, 302 of the Indian Penal Code. Allegedly F.I.R. named six accused persons brutally assaulted Andher Bhagat, the son of the informant, who succumbed to the injuries during treatment in Sadar Hospital at Hajipur.

Submission is of false implication and that the allegations are general and omnibus in nature and there is no specific allegation, there is case and counter case, the deceased had made an attempt to outrage the modesty of wife of the

Patna High Court Cr.Misc. No.28853 of 2015 (3) dt.11-01-2016 2/2 petitioner and, as such, the petitioner who is suffering in custody since 26.02.2015, deserves sympathetic consideration. The learned A.P.P. opposes the prayer of bail by submitting that petitioner was also involved in assaulting the deceased brutally.

In the facts and circumstances stated above, considering the allegations attributed against the petitioner and also that he was involved in assaulting the deceased brutally alongwith others and during postmortem, multiple injuries have been found on the person of the deceased and, as such, this Court is not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected.

(Jitendra Mohan Sharma, J) sushma/- U