Ram Prasad Padit @ Ram Prasad Kuaar @ Ram Prasad Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22975 of 2015 Arising Out of PS.Case No. -25 Year- 2015 Thana -UCHAKAGAON District- GOPALGANJ ======================================================
1. Ram Prasad Padit @ Ram Prasad Kuaar @ Ram Prasad Kumar, son of Indrajeet Padit, resident of Village- Inarwa, Police Station- Uchkagaon, District- Gopalganj.
.... .... Petitioner/s
Versus
1. The State of Bihar. null null .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar For the Opposite Party/s : Mr. Nitya Nand Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-09-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in Uchkagaon P.S.Case No. 25 of 2015 instituted under Section 302/34 of the Indian Penal Code, pending in the Court of learned C.J.M., Gopalganj.
It is alleged by the informant that in the night of 19.2.2015, the husband of the informant, namely, Gulab Chan Pasi, had gone to the potato field of the petitioner to attend the call of nature. The petitioner and his son caught the husband of the informant and took away to their house and confining him in a room brutally assaulted him and in injured condition brought him to the house of the informant loading him on pushing cart and leaving him, went away. Thereafter the informant brought her
Patna High Court Cr.Misc. No.22975 of 2015 (3) dt.03-09-2015 2/2 husband to Sadar Hospital where during the course of treatment he died.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. It has been further submitted that there is no eye witness to the occurrence. On behalf of the State and informant, it has been submitted that is the petitioner who had taken the deceased along with his son and subsequently he was brought on the door of the informant in injured condition and in course of treatment he died. Considering the aforesaid facts, I am not inclined to grant anticipatory bail to the petitioner and the same is rejected. However, if the petitioner surrenders in the court below within a period of four weeks and prays for regular bail, same shall be considered by the court below on its own merit without being prejudiced by this order of rejection.
(Sudhir Singh, J) singh/- U T