Bikau Rai @ Bikau Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51278 of 2016 Arising Out of PS.Case No. -54 Year- 2015 Thana -BATHNAHA District- SITAMARHI ====================================================== Bikau Rai @ Bikau Kumar Rai S/o Shankar Rai R/o Village-Pandaul, P.S. Bathnaha, Distt.-Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dinesh Jha For the Opposite Party/s : Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 10-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is accused in connection with Bathnaha P.S. Case No. 54 of 2015 registered under sections 147, 148, 149, 341, 323, 307, 302, 504 and 506 of the I.P.C. pending in the Court of C.J.M., Sitamarhi.

The allegation is that petitioner came at the door of the informant armed with lathi and danda and assaulted on the head of his father, as a result of which, he fell down and died. Submission is that petitioner is innocent and has falsely been implicated in this case due to land dispute and family grudge. It is also submitted that petitioner is in custody since 11.08.2016.

Patna High Court Cr.Misc. No.51278 of 2016 (3) dt.10-02-2017 2/2 Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioner with submission that petitioner is named in the F.I.R. and there is direct allegation of causing injury by the petitioner at the head of the deceased, due to which, he died.

Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to allow the prayer of the petitioner for bail. Accordingly, this application is rejected. (Arvind Srivastava, J) Shail/- U T