Sundeshwar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75084 of 2024 Arising Out of PS. Case No.-24 Year-2024 Thana- Benibad District- Muzaffarpur ====================================================== Sundeshwar Rai S/O Siya Ram Rai R/O Village- Susta, P.S- Benibad, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratneshwar Prasad, Adv For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-10-2024 Heard learned counsels for the parties.

2.

The petitioner apprehends his arrest in connection with Benibad P.S. Case No.24 of 2024, registered for the offence punishable under Sections 341, 323, 325, 307, 302, 427, 34 of the Indian Penal Code.

3.

As per the FIR, the petitioner and other co-accused persons assaulted the informant and her father-in-law due to which the father-in-law of the informant died during the course of treatment.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to enmity. No such occurrence, in the manner as alleged, has ever taken place. There is no specific overt act against the petitioner. Petitioner

Patna High Court CR. MISC. No.75084 of 2024(2) dt.30-10-2024 2/2 has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for anticipatory bail by submitting that there is direct allegation against the petitioner to assault the father-in-law of the informant due to which he died.

6.

Having regard to the facts and circumstances of the case as well as considering the nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. 7.

Accordingly, this application is dismissed.

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