Patna High CourtCR. MISC./12639/2017rejected

Punit Kumar Dubey @ Punit Dubey v. The State Of Bihar

2017-04-12Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12639 of 2017 Arising Out of PS.Case No. -194 Year- 2016 Thana -BHORE District- GOPALGANJ ======================================================

1. Punit Kumar Dubey @ Punit Dubey, S/o Bipin Dubey, Resident of Village- Semarauna, P.S. Bhorey, District- Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Dewendra Narayan Singh For the Opposite Party/s : Mr. Sri Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-04-2017 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.

The petitioner seeks bail in connection with Bhorey P.S. Case No. 194/2016, registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

Allegedly, the petitioner and co-accused Arvind Dubey and Bipin Dubey having armed with Lathi and Farsa came and asked Most. Basanti to withdraw the case and when Basanti refused then, they started assaulting her, resulting, she became injured and fell down. Then, co-accused Arvind Dubey gave Farsa blow which hit on her head and Bipin Dubey assaulted with pointed portion of lathi on her left eye. After hearing alarm, persons assembled there and then, the accused persons fled away.

Patna High Court Cr.Misc. No.12639 of 2017 (2) dt.12-04-2017 2/2 Then she was brought for treatment in Gorakhpur after being referred from Gopalganj. Later on, Most. Basanti died. Submission is of false implication and that against the petitioner there is no specific allegation. The petitioner has been implicated only with oblique motive. He is in custody since 22.12.2016. Due to land dispute, the petitioner has been implicated in the case and as such he deserves sympathetic consideration. Learned A.P.P. opposes the prayer of bail.

In the facts and circumstances stated above, considering the allegation made against the petitioner, I am not inclined to enlarge the petitioner, above named, on bail. Accordingly, his such prayer stands rejected.

(Jitendra Mohan Sharma, J.) Rakhi U T