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Patna High CourtCR. MISC./9860/2017rejected

Ashish Gupta @ Ashish Kumar Gupta v. State Of Bihar And ANR

2017-05-17Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9860 of 2017 Arising Out of PS.Case No. -39 Year- 2016 Thana -GARAUL District- VAISHALI(HAJIPUR) ====================================================== Ashish Gupta @ Ashish Kumar Gupta son of late Ashok Gupta resident of Mohalla Bibiganj Dalawar Road near Hai Clinic, P.S. Danapur, District Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rashmi Gupta wife of Ashish Gupta resident of Mohalla Bibiganj, P.S. Danapur, District Patna.

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

For the Petitioner/s : Mr. Ajay Kumar Jain For the Opposite Party/s : Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-05-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Goraul P.S. Case No. 39 of 2016 registered under Sections 341, 323, 324, 307, 498(A)/34 of the I.P.C. pending in the Court of S.D.J.M., Vaishali at Hajipur.

Submission is that petitioner, who happens to be husband of the informant, has falsely been implicated in this case. Further submission is that due to misunderstanding, he has been made accused in this case.

Learned A.P.P. appearing on behalf of the State vehemently opposed the prayer of learned counsel for the

Patna High Court Cr.Misc. No.9860 of 2017 (6) dt.17-05-2017 2/2 petitioner with submission that there is specific allegation against the petitioner to commit attempt to murder of his wife in the F.I.R. and his wife sustained grievous injuries.

Having considered the facts and circumstances of the case and nature of the allegation, I am not inclined to allow the prayer of the petitioner for anticipatory bail. Accordingly, prayer of the petitioner is rejected.

(Arvind Srivastava, J) Shailendra/- U T