Dinesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.179 of 2024 Arising Out of PS. Case No.-223 Year-2023 Thana- MOTIPUR District- Muzaffarpur ====================================================== Dinesh Ram son of Niranjan Ram Village- Parsauniya @ Parsauniya, P.O.- - Anjana Kot, P.S.- Motipur, Dist.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yugal Kishore For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-01-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Motipur Police Station Case No. 223 of 2023, dated 14.07.2023, disclosing offence under Sections 341/323/302/ 504/34 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that on 13.07.2023, in the evening, the informant's son, namely, Raushan Kumar, was returning home on a bicycle after purchasing fertilizer, all the accused persons surrounded him, abused him and assaulted him. It has further been alleged that co-accused Rajababu Ram assaulted him by means of iron rod on his head, due to which blood started oozing out of the informant's son,

Patna High Court CR. MISC. No.179 of 2024(2) dt.24-01-2024 2/2 who subsequently died in the hospital.

4. Learned Counsel for the petitioner submits that there is specific allegation of assault against the co-accused Rajababu Ram and general and omnibus allegation is against the petitioner and other co-accused persons that they abused and assaulted the deceased with fists and slaps. He further submits that the death has been caused due to the injury sustained by the deceased on his head, which is attributable to co-accused Rajababu Ram.

5. After having heard learned Counsel for the parties concerned and taking into consideration the seriousness of the allegation and the fact that the petitioner is named in the First Information Report and he, along with other co-accused persons, surrounded and assaulted the deceased, I am not inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, dismissed. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √