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Patna High CourtCR. MISC./13025/2016rejected

Shyam Babu Ram v. The State Of Bihar

2016-04-18Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13025 of 2016 Arising Out of PS.Case No. -471 Year- 2015 Thana -ARA NAGAR District- BHOJPUR ======================================================

1. Shyam Babu Ram, Son of Mohan Ram, resident of Ambedkar Colony, P.S: Nawada, District: Bhojpur at Ara.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pawan Kumar Singh For the Opposite Party/s : Mr. Ram Anurag Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 18-04-2016 Heard both sides.

Petitioner along with others are named in the FIR vide Ara Town P.S. case no. 471 of 2015, registered under Sections 302/34 of the IPC.

It is alleged that on the date of occurrence , they arrived at the house of the informant and there was scuffle between the husband (deceased) and the accused persons. They forcibly carried him away. Later it was informed that her husband was brought to hospital in injured condition. Subsequently, he died.

The counsel for the petitioner submits that the deceased was owing certain amounts and when the same was demanded he on his own dropped himself from the roof of the

Patna High Court Cr.Misc. No.13025 of 2016 (2) dt.18-04-2016 2/2 house in a bid to escape. It is also stated that the father of the petitioner who is also cited as an accused has since been privileged with regular bail.

Learned APP opposed the prayer and submitted that indisputably he was forcibly taken away by the accused persons including the petitioner. The doctor found certain injuries on the person of the deceased.

Considering the nature of the allegations and the attending facts evidencing from the record, I am not persuaded to extend the privilege of anticipatory bail to the petitioner. Prayer is rejected.

(Kishore Kumar Mandal, J) Shyam/- U T