Ramji Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12667 of 2018 Arising Out of PS.Case No. -334 Year- 2012 Thana -DHANARUA District- PATNA ====================================================== Ramji Prasad, S/o Satya Narayan Yadav, R/o Village- Bahrampur, P.S.- Dhanarua, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raghunath Singh, Advocate. For the Opposite Party/s : Mr. Manoj Kumar - 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-03-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Dhanarua P.S. Case No. 334 of 2012 instituted for the offence under Sections 302 and 34 of the Indian Penal Code. In the Fard-e-beyan which has been lodged on 19.10.2012 it is alleged that in the night of 18/19.10.2012 while the informant was sleeping with her son Dhananjay Kumar, this petitioner along with co-accused Fudan Yadav entered into the house of the informant and assaulted Dhananjay Kumar, son of the informant, with rod and Khanti on the head and face, on account of which, he fell down near Tubewell and died on the spot. The accused persons also assaulted the informant with fist, slap, slipper (chappal) etc. on account of which, she became

Patna High Court Cr.Misc. No.12667 of 2018 (2) dt.08-03-2018 2/2 unconscious.

Learned counsel for the petitioner has submitted that co-accused Fudan has faced trial vide Sessions Trial No. 813 of 2016 arising out of Dhanarua P.S. Case No. 334 of 2012, G.R. No. 949 of 2012 and has been acquitted by judgment dated 6.7.2017. This Court finds that the case is of the year 2012. The petitioner has not appeared in the court below till date. There is specific allegation against the petitioner in the written report of assaulting the son of the informant, on account of which, he died on spot.

Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner stands rejected.

Petitioner may surrender before the court below and make prayer for regular bail which will be considered by the court below in accordance with law without being prejudiced by this order.

(Sanjay Priya, J) S.Ali/- U T