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Patna High CourtCR. MISC./67244/2023dismissed

Ramswaroop Dhari @ Ramswrup Dhadhi v. The State Of Bihar

2024-01-23Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67244 of 2023 Arising Out of PS. Case No.-2 Year-2023 Thana- MEHUSH District- Sheikhpura ====================================================== Ramswaroop Dhari @ Ramswrup Dhadhi son of Ramashray Dhari VillageSarmaidan Ps- Sheikhpura dist- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nilendu Kumar Choudhary, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-01-2024 Heard learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned A.P.P. for the State.

2. Petitioner apprehends his arrest in connection with Mehus P.S. Case No. 02 of 2023 dated 16.01.2023, registered for the offence punishable u/s 147, 149, 341, 323, 325, 379, 504 and 506 of the I.P.C., pending in the Court of learned Judicial Magistrate-1st Class, Sheikhpura.

3. As per the F.I.R., the allegation against the petitioner is that he along with other co-accused persons has brutally assaulted the informant's husband and sisters-in-law (nanad) by means of iron rod and bricks causing serious injury to them.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has been falsely implicated in this case due to previous grudge. The allegations levelled

Patna High Court CR. MISC. No.67244 of 2023(3) dt.23-01-2024 2/2 against the petitioners is general and omnibus in nature. On perusal of F.I.R., it appears that there is specific allegation of assaulting the informant's side is on Ramswaroop Dhari (petitioner) and one Karan Kumar. As per the medical report, injury of the husband of the informant is grievous in nature. Both the parties are agnates and there is a dispute regarding passage and drainage. Petitioner has no criminal antecedent as mentioned in para 3 of the bail application.

5. Per contra, learned APP for the State vehemently opposing the bail petition submitted that the allegations levelled against the petitioner is serious in nature, hence he does not deserve anticipatory bail.

6. Considering the facts and circumstances of case, the nature of injury is found grievous in nature, I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is hereby rejected.

(Anjani Kumar Sharan, J) annpurna/- U T