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Patna High CourtCR. MISC./44351/2014rejected

Manoj Sharma @ Ravi Sharma v. The State Of Bihar

2015-03-03Mr. Justice Amaresh Kumar Lal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44351 of 2014 Arising Out of PS.Case No. -244 Year- 2013 Thana -FALKA District- KATIHAR ====================================================== Manoj Sharma @ Ravi Sharma, Son of Late Dhir Narain Sharma, Resident of Village-Chakla, Mola Nagar, P.S.-Falka (Pothia), District-Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Awadhesh Kumar Mishra, Advocate For the Opposite Party/s : Mr. Akbar Ali (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 03-03-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections323, 324, 306, 326 and 302 of the Indian Penal Code.

The allegation against the petitioner is that he repeatedly assaulted the mother and sister of the informant with sharp cutting weapon and the sister of the informant succumbed to the injuries in the hospital.

It is submitted that the petitioner has been falsely implicated in this case due to family dispute and the petitioner was protesting the separation in the family and the other group has assaulted the injured and the deceased.

Patna High Court Cr.Misc. No.44351 of 2014 (2) dt.03-03-2015 2/2 The learned counsel for the State submits that there is specific allegation of overt act against the petitioner and the injuries caused by the petitioner proved fatal due to which the deceased died. The trial of the petitioner is going on. Considering the facts and circumstances of the case, in my opinion, the petitioner does not deserve bail at this stage. His prayer is rejected.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T