Ramchandra Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80963 of 2023 Arising Out of PS. Case No.-154 Year-2021 Thana- BHAPTIAHI District- Supaul ====================================================== RAMCHANDRA MEHTA SON OF GANGA PRASAD MEHTA RESIDENT OF VILLAGE - DAHUPATTI, WARD NO.08, POLICE STATIION - BHAPTIYAHI, DISTRICT - SUPAUL ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Naresh Kumar Mehta, Adv.

For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner is apprehending his arrest in connection with Bhaptiyahi P.S. Case No.154/2021, registered for the offence punishable u/s 341, 323, 354(B), 379, 307/34 of the IPC. 3.

As per the prosecution case, the petitioner along with other co-accused came to the door of informant and started abusing her and on objection, the accused person started disrobing her. Petitioner assaulted upon the head of the informant by means of spade.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence. He has been falsely implicated in this case due to ulterior

Patna High Court CR. MISC. No.80963 of 2023(2) dt.19-12-2023 2/2 motive. No such occurrence in the manner as alleged has ever taken place. It is submitted that for the alleged occurrence, there is case and counter-case between the parties and both sides have sustained injuries. There is a land dispute between the parties. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail by submitting that there is specific allegation against the petitioner to assault on the vital part of the body of the injured and the injury was found grievous in nature.

6.

Considering the aforesaid facts and circumstances of the case and the nature of injury, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7.

This application is accordingly dismissed.

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