Dinesh Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56652 of 2022 Arising Out of PS. Case No.-357 Year-2021 Thana- VAISHALI District- Vaishali ====================================================== DINESH BAITHA SON OF CHANA BAITHA R/O WARD NO. 3, MISHRAULIYA JAGDISH, P.O.- MISHRAULIYA AFZALPUR, P.S.- BELSAR (O.P) VAISHALI, DISTT.- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Namrata Mishra,Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-01-2023 Heard Mrs. Namrata Mishra, learned counsel for the petitioner and Mr. Ashok Kumar Singh, learned APP for the State.

The petitioner apprehends his arrest in connection with Vaishali (Belsar O.P.) P.S. Case No. 357 of 2021 for the offence registered under Sections 341, 323, 302 and 34 of the Indian Penal Code.

As per the prosecution story, the informant alleged that her husband as also her brother went to wholesale market for purchasing some domestic household articles and as they reached near Magandev Hotel due to old rivalry, the accused persons including the petitioner herein caught hold of her husband. Further allegation is of assaulting him severely. The

Patna High Court CR. MISC. No.56652 of 2022(2) dt.25-01-2023 2/2 brother however, managed to escape and when the police patrol party came, the accused persons tried to escape but two of them were apprehended. Accordingly, the FIR was lodged. Subsequently, her husband succumbed to the injuries. Considering the kind of allegation that has come against the petitioner herein which resulted into the unfortunate death of the husband of the informant, this is not a fit case for grant of anticipatory bail, which is accordingly rejected. (Rajiv Roy, J) Jagdish/Neha/- U T