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Patna High CourtCR. MISC./28135/2022rejected

Lalbabu Patel v. The State Of Bihar

2022-12-12Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28135 of 2022 Arising Out of PS. Case No.-22 Year-2022 Thana- DARPA District- East Champaran ====================================================== LALBABU PATEL Son of Jagdev Raut Resident of Village - Bahadurpur, P.S.- Darpa, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyesh Kumar, Adv.

For the Opposite Party/s :

Mr.Tapeshwar Sharma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-12-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner apprehends his arrest in a case registered for offence punishable u/s 341, 323, 504/34, 302 of the IPC. Allegedly, the accused persons named in F.I.R. including the petitioner assaulted the informant and his wife. They pressed the neck of his wife with Gamccha.

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. No such occurrence, in the manner as alleged, has ever taken place. Petitioner has never assaulted her It is further stated that deceased Punam Devi had been suffering from heart decease. That day there was scuffle between the father of the petitioner and husband of the

Patna High Court CR. MISC. No.28135 of 2022(3) dt.12-12-2022 2/2 informant over Sisam Tree. During the scuffle, the wife of informant fainted. Thereafter, with the help of villagers, the informant took his wife to the Hospital. During the course of treatment, the wife of the informant, namely, Punam Devi died. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, I am not inclined to enlarge him on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. This application is accordingly dismissed.

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