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Patna High CourtCR. MISC./63473/2017rejected

Ram Bilash Prasad And ORS v. The State Of Bihar

2018-01-11Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.63473 of 2017 (2) dt.11-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63473 of 2017 Arising Out of PS.Case No. -131 Year- 2017 Thana -RAJAULI District- NAWADA ======================================================

1. Ram Bilash Prasad, Son of Late Tilakdhari Prasad,

2. Srichand Prasad, Son of Late Tilakdhari Prasad,

3. Shambhu Prasad @ Shambhu Sharan Prasad Son of Late Tilakdhari Prasad, All resident of Village- Dhamuchak, P.S.- Rajauli, DistrictNawada. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Shailendra Kumar For the Opposite Party/s : Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-01-2018 Heard both sides.

The petitioners apprehend their arrest in Rajauli P.S. Case No.131 of 2017 registered under Sections 341, 323, 324, 326, 307/34 of the Indian Penal Code. Later on, Section 302 I.P.C. was added.

The learned counsel for the petitioner submits that there is no specific allegation of assault against the petitioner. It is the case of Section 323 of IPC but the learned counsel for the informant submits that there is allegation that the petitioner also assaulted the deceased who died after ten days of the occurrence during the course of treatment. It appears that petitioner has knowingly

Patna High Court Cr.Misc. No.63473 of 2017 (2) dt.11-01-2018 concealed the fact about the death of the injured. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Saurabh/- U T