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Patna High CourtCR. MISC./35814/2014disposed

Lal Babu Sharma v. The State Of Bihar

2015-03-04Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35814 of 2014 Arising Out of PS. Case No. -15 Year- 2014 Thana -DAUDPUR District- SARAN ====================================================== Lal Babu Sharma, Son of Late Ram Bacchan Sharma, resident of villageChainwa, Athdila, Police Station- Rasulpur, District- Saran at Chapra .... .... Petitioner.

Versus

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

For the Petitioner/s : Mr. Ram Binod Singh, Advocate For the Opposite Party/s : Mr. Aslam Ansari (APP) ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 04-03-2015 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in a case for the offences under Sections 302/34 of the Indian Penal Code. As per the prosecution case, one Sandeep Sharma, son of the petitioner, gave Dab blow on the father of the informant, whereas this petitioner had caught hold of the father of the informant.

Learned counsel for the petitioner submits that the petitioner has been implicated, as his son was having affair with the informant's sister. Furthermore, it is highly unbelievable that a father would join in such a crime. Learned counsel further submits that none of the witnesses stated that the informant made any such statement against the petitioner.

Having regard to the nature of allegation, I am not

Patna High Court Cr.Misc. No.35814 of 2014 (2) dt.04-03-2015 2 / 2 inclined to grant anticipatory bail to the petitioner. However, if the petitioner surrenders before the court below (Chief Judicial Magistrate, Saran at Chapra) in connection with Daudpur P.S. Case No. 15 of 2014 and prays for bail, the same would be disposed of on the same day in the light of the observation made above.

This application stands disposed of.

(Samarendra Pratap Singh, J.) Uday/- U T