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Patna High CourtCR. MISC./2316/2019bail rejected

Kamlesh Ram v. The State Of Bihar

2019-03-29Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2316 of 2019 Arising Out of PS. Case No.-82 Year-2018 Thana- NOKHA District- Rohtas ====================================================== Kamlesh Ram son of Tulai Ram Resident of Village-Mani, Police StationNokha, District-Rohtas At Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-03-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Nokha P.S. Case No. 82 of 2018 instituted for the offence under Section(s) 147/148/149/448/341/323/324/325/307/302 of the Indian Penal Code.

In the written report, it is alleged that on the date of occurrence this petitioner and other accused persons assaulted the husband and other family members of the informant. There is specific allegation against this petitioner of assaulting the husband of informant with Garasa, on account of, which he fell down and died on the spot.

Case diary has been received, wherein, the postmortem report is available.

Patna High Court CR. MISC. No.2316 of 2019(4) dt.29-03-2019 2/2 The doctor, in the postmortem report, has found skull bone frontal and occipital and parietal bone fracture in multiple pieces and brain substance and meninges were lacerated and due to aforesaid injury husband of the informant died. There is specific allegation against this petitioner of assaulting the husband of the informant with Garsa. Therefore, this Court is not inclined to grant bail to the petitioner at this stage. The prayer for bail of the petitioner stands rejected. Trial Court is directed to expedite the trial and make efforts to conclude the same as early as possible preferably within a period of one year from the date of receipt of copy of this order.

Petitioner may renew his prayer for bail in the event trial is not concluded within the aforesaid period. (Sanjay Priya, J) shyambihari/mu keshU T