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Patna High CourtCR. MISC./51110/2019rejected

Ramesh Prasad v. The State Of Bihar

2019-11-19Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51110 of 2019 Arising Out of PS. Case No.-166 Year-2018 Thana- NIMCHAKBATHANI District- Gaya ====================================================== RAMESH PRASAD Son of Ramnandan Prasad Resident of Village - Shankarpur, P.S.- Neemchak Bathani, Distt - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailesh Kumar, Advocate For the State :

Mrs. Madhuri Kumari with Mr. Abhishek Anand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Neemchak Bathani P.S. Case No. 166 of 2018, registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has been falsely implicated in this case. Further submission is that from bare perusal of the FIR, it is apparent that there was previous dispute between the parties with regard to cattle and cow dung. Petitioner is in custody since 24.01.2019.

Learned APP, appearing for the State opposed the

Patna High Court CR. MISC. No.51110 of 2019(5) dt.19-11-2019 2/2 prayer of bail and submits that death has been caused due to assault by Ramesh Prasad by lathi blow on her head as consequence, she died in hospital.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, I am not inclined to grant bail to the petitioner.

Accordingly, this application is rejected.

(Arvind Srivastava, J) Ranjeet/- U T