Patna High CourtCR. MISC./37140/2018rejected

Din Bandhu Ojha v. The State Of Bihar

2018-07-03Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37140 of 2018 Arising Out of PS. Case No.-158 Year-2017 Thana- BARAULI District- Gopalganj ====================================================== Din Bandhu Ojha S/o Late Satyadeo Ojha, R/o Vill.- Mohmmadpur, Nirmal Tola, P.S.- Barauli (Madhopur O.P.), District- Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Singh For the Opposite Party/s :

Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 03-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Barauli P.S. Case No. 158 of 2017 registered for offences under sections 302/34 of the Indian Penal Code.

As per allegation made in the First Information Report, one Bhagwan Ojha took the son of the Informant for some work and, later on, the Informant could know that his son has been tied at the door and the accused persons including present petitioner and their family members were assaulting him mercilessly. The Informant reached there, brought his son at Hospital where he died.

Learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.37140 of 2018(2) dt.03-07-2018 2/2 there is another side of the story that the victim had gone for committing theft, he was caught and the villagers have assaulted him mercilessly, later on, he was handed over to the police, the deceased got admitted in Barauli Hospital and, in course of treatment, he died.

Looking to the entire facts and circumstances of the case as also the nature of allegation, this Court is not inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner, above named, is rejected.

(Shivaji Pandey, J) rishi/- U T