Patna High CourtCR. MISC./12813/2017rejected

Dilip Sah v. The State Of Bihar

2017-04-11Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12813 of 2017 Arising Out of PS.Case No. -78 Year- 2015 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ====================================================== Dilip Sah, S/o Late Ram Badan Sao, Resident of Ward No. 1 Singhaul, P.S.- Muffasil, District- Begusarai.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Begusarai (Muffasil), Singhaul P.S. Case No.78/15 registered under Section 302/34 of the Indian Penal Code. The accusation is that in the evening of 9.3.2015 petitioner Dilip Sah along with his mother Lila Devi came to the house of the informant and started to abuse and cause assault to Kailu Mahto. When the informant and her husband Vijay Mahto rushed to rescue him they also sustained injuries. At that time petitioner and his mother pushed Vijay Mahto into the well. While Vijay Mahto was removed from 20 ft. depth of the water of the

Patna High Court Cr.Misc. No.12813 of 2017 (2) dt.11-04-2017 2/2 well till that time he died.

Learned counsel for the petitioner submits that, in fact, Kailu Mahto, with whom there is dispute of the petitioner, got the petitioner falsely implicated in the present case. He further submits that while the occurrence took place on 9.3.2015 and autopsy was done on 10.3.2015 whereas F.I.R. was lodged on 12.3.2015 without any explanation about inordinate delay in lodging the F.I.R.

Having considered the facts and circumstances of the case and the nature of offence, I am not inclined to grant anticipatory bail to the petitioner. The prayer for anticipatory bail of the petitioner is rejected.

(Rajendra Kumar Mishra, J) AnilKrSinha/- U