Gopichand Singh @ Gopichand Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31043 of 2021 Arising Out of PS. Case No.-252 Year-2020 Thana- KATEYA District- Gopalganj ====================================================== Gopichand Singh @ Gopichand Bhagat S/O Late Ramlal Bhagat R/O VillageNiyamat Guriyaw, Police Station-Kateya, District-Gopalganj. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Arbind Kumar Singh, Advocate For the State :

Mr. Harendra Prasad, Addl Public Prosecutor For the informant Mr. Shubhesh Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-07-2022 Heard learned counsel for the petitioner, the State and the informant.

Petitioner apprehends arrest in registered for the offences punishable under Sections 302, 201, 120B/34 of the Indian Penal Code.

As per the prosecution case, all the accused persons including this petitioner brutally assaulted husband of the informant causing his death.

Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case on the basis of suspicion. Petitioner is none else but brother-in-law (Sarhoo) of the deceased. As a matter of fact, deceased had illicit relation with one Rinki Kumari, younger

Patna High Court CR. MISC. No.31043 of 2021(3) dt.20-07-2022 2/2 sister of the informant. On 8.8.2020 deceased took away her to Patna but both of them were caught by Khagaul Police. Thereafter, petitioner and his family members reached Patna and were returning to village with the deceased and Rinki Kumari by Bolero vehicle. Suddenly, the deceased jumped out from the vehicle as a result of which he sustained multiple injuries and died during course of treatment. Learned counsel for the State and the informant opposed the prayer for bail and submit that there is specific allegation in the FIR that this petitioner and other accused persons brutally assaulted husband of the informant causing his death. During course of investigation, several witnesses have also supported the prosecution case. Even post mortem report reveals that the deceased had sustained several injuries on the different parts of the body.

Considering the specific allegation against the petitioner, his prayer for bail is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without prejudice. (Prabhat Kumar Singh, J) shashi/- U T