Deepak Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13041 of 2017 Arising Out of PS.Case No. -14539 Year- 2014 Thana -BEGUSARAI COMPLAINT CASE DistrictBEGUSARAI ====================================================== Deepak Sah, S/o Lakshmi Sah, resident of Village-Parihara, P/S-Bakhari, District-Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Manti Devi W/o Ramkishun Mahto, Resident of Village-Parihara, P.S.- Bakhari, District-Begusarai.

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

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Sri Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-03-2017 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in Complaint Case No. 14539C of 2014 instituted for the offence under Section(s) 304 of the Indian Penal Code. It is alleged in the written report that co-accused Bikram Singh and one Constable took away the handicapped son of the complainant Prakash Kumar on Parihar Police Station and brutally assaulted. It is alleged that this petitioner also assaulted the son of the complainant along with two other accused. It is further alleged that this petitioner along with co-accused Bikram

Patna High Court Cr.Misc. No.13041 of 2017 (2) dt.23-03-2017 2/3 Singh put the rope around the neck of the son of the complainant and pulled him. The co-accused Bikram Singh also took out Rs. 1600/- from the pocket of the victim boy. The son of the informant was later on left free from the police station at 8:00 P.M. in the night in serious condition. Thereafter, the victim boy was taken to Bakhari Referal Hospital. Later on the victim boy died during treatment.

It has been submitted on behalf of the petitioner that police after initial investigation submitted final form in the case and thereafter cognizance has been taken under Section 304 I.P.C. on the basis of protest petition.

The S.A of the complainant is available on the record along with protest petition which reflects that complainant has levelled specific allegation against this petitioner. Keeping in view the specific allegation against this petitioner, this Court is not inclined to enlarge the petitioner on anticipatory bail. The prayer of the petitioner for anticipatory bail is rejected.

The petitioner is directed to surrender before the Court below within a period of six weeks from today in connection with Complaint Case No. 14539C of 2014, pending in the Court of Additional Chief Judicial Magistrate-IV, Begusarai

Patna High Court Cr.Misc. No.13041 of 2017 (2) dt.23-03-2017 3/3 and seek regular bail, which shall be considered and disposed off on its own merit without being prejudiced by the order of this Court.

(Sanjay Priya, J) Shageer/- U T