Dharamveer Mahto @ Dharamveer Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39872 of 2016 Arising Out of P. S. Case No. - 243 Year - 2016 Thana - MANER District - PATNA ====================================================== Dharamveer Mahto @ Dharamveer Kumar, Son of Randhir Mahto @ Randhir Kumar, Resident of Village - Madhopur, P.S. Maner, District Patna.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Ravi Kant Kumar, Advocate. For the Opposite Party/s : Mr. Anish Chandra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-12-2016 Heard both sides.
The petitioner seeks bail in Maner P.S. Case No. 243/2016 registered under Section 302 and other sections of the Indian Penal Code.
The informant alleged that on 20.05.2016 while he along with his father was sitting on his Darwaza, Randhir Mahto, Dharamveer Mahto (the petitioner) and Mohan Mahto, having armed with lathi, stick and iron rod, assaulted his father, who became seriously injured. The accused persons also assaulted the informant and his mother. The father of the informant was referred to P.M.C.H. from Primary Health Centre, Maner and his condition was serious.
Sri Sachidanand Chaudhary, learned counsel for the petitioner submits that there is a counter version being Maner P.S.
Patna High Court Cr.Misc. No.39872 of 2016 (3) dt.02-12-2016 2/2 Case No. 235/2016. Randhir Kumar, father of the petitioner, who is the informant of the case, made statement on 23.05.2016 about the occurrence which took place on 20.05.2016. Randhir Kumar alleged that Bhola Mahto and his sons entered into his house at 11:30 in the night and assaulted him causing injury on his head. Randhir Kumar was treated in Primary Health Centre, Maner. Although he got simple injury but the case was lodged after three day of the occurrence.
It appears that during the course of investigation, the witnesses have stated about the manner of occurrence. Post mortem report shows that there were injuries on head as well other parts of the body of the deceased. It is further submitted that no external injury was found on the head and two abrasions were found, one on nose and another on chest of the deceased. After dissection, heamatoma was found under scalp left temporal parietal area. There was fracture injury on the head. There is specific allegation against the petitioner and others that they assaulted Bhola Mahto, the deceased. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail in Maner P.S. Case No. 243/2016. Accordingly, the same is rejected.
Dilip/- (Prabhat Kumar Jha, J) U T