Baidya Nath Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30542 of 2016 Arising Out of PS.Case No. -215 Year- 2015 Thana -BIBHUTIPUR District- SAMASTIPUR ====================================================== Baidya Nath Sharma s/o Late Nandkishor Sharma Resident of VillageBibhutipur, P.S- Bibhutipur, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Sinha For the Opposite Party/s : Mr. Sri Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 09-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in connection with Bibhutipur P.S. Case No. 215 of 2015 registered under Sections- 341, 323, 307, 302 of the Indian Penal Code. It is alleged that some quarrel took place between the deceased and her step son due to land dispute. Petitioner is alleged to have brutally assaulted the deceased, who died during course of treatment.

Learned counsel for the petitioner submits that petitioner has been falsely implicated by his step mother to grab the land of the share of the petitioner. Deceased was suffering from carcinoma. Petitioner provided all possible treatments of his father.

Patna High Court Cr.Misc. No.30542 of 2016 (5) dt.09-02-2017 2/2 Learned Addl. P.P. appearing for the State opposes the prayer for bail and submits that petitioner is named accused and there is direct allegation against him.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the State, I do not feel inclined to grant the privilege of anticipatory bail to the petitioner. His prayer for anticipatory bail is, therefore, rejected. (Arvind Srivastava, J) Manish/- U T