Ram Bilas Raut @ Ram Bilas Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34656 of 2018 Arising Out of PS.Case No. -111 Year- 2017 Thana -SHEIKHOPUR SARAI District- SEKHPURA ======================================================

1. Ram Bilas Raut @ Ram Bilas Kumar, S/o Late Chando Raut, R/o Village Ambari P.S.- Sheikhopur Sarai, District- Sheikhpura. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajit Kumar For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-07-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Sheikhopur Sarai P.S.Case no.111 of 2017 registered for offences punishable under Sections 147, 148, 149, 323, 324, 325,307 and later added Section 302 of the Indian Penal Code. Allegation against the petitioner is that they had called the son of the informant in their house and when he went there they started assaulting the son of the informant, due to which he succumbed to the injuries.

Submission of the learned counsel for the petitioner is that no specific allegation has been attributed, moreover a case has been lodged against the informant and others with respect to the fact that the son of the informant has entered inside the house of

Patna High Court Cr.Misc. No.34656 of 2018 (3) dt.16-07-2018 2/2 the petitioner and tried to commit rape with his daughter and in course of that he was called and while he was jumping the wall, he received injuries and the petitioner has been falsely implicated in tthis case.

Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail stating that one July Kumari is the eye witness and in her statement she had seen the petitioner and other accused persons assaulting the son of the informant due to which he succumbed injuries.. Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant anticipatory bail to the petitioner rather let the petitioner surrender before the learned court below within a period of four weeks from the date of receipt of the order and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by the order of this Court. With the aforesaid direction, this application is dismissed. (Vinod Kumar Sinha, J) chn/- U T