Rupdeo Baitha v. The State Of Bihar

Patna High Court Cr.Misc. No.50162 of 2015 (3) dt.08-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50162 of 2015 Arising Out of PS.Case No. -418 Year- 2014 Thana -KALYANPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Rupdeo Baitha S/o Late Bishun Baitha R/o village - Sambhu Chak, P.S. Kalyanpur, Distt. - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Shankar Das For the Opposite Party/s : Mr. Ashraf Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Kalyanpur P.S. Case No. 418 of 2014 registered for the offence punishable under Section 302 of the Indian Penal Code.

Allegedly, the petitioner stabbed Sanjay Baitha, the son of the informant, resulting he died in the way when he was brought to Patna for treatment.

Submission is of false implication and that Sanjay Baitha had fallen down on bamboo by which he was injured resulting he died, the informant has filed petition in this regard in the court below and, as such, the petitioner who is suffering in

Patna High Court Cr.Misc. No.50162 of 2015 (3) dt.08-02-2016 custody since 26.06.2015, deserves sympathetic consideration as he has got no criminal antecedent, to which the learned APP opposes by submitting that the petitioner is the assailant. In the facts and circumstances stated above, at this stage this Court is not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected. However, the petitioner may renew his prayer of bail after examination of the informant during trial. (Jitendra Mohan Sharma, J) sushma/- U T