Gautam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1669 of 2020 Arising Out of PS. Case No.-298 Year-2018 Thana- KAKO District- Jehanabad ====================================================== GAUTAM KUMAR Son of Ashok Kr Mahto Resident of Village - Dema, P.S.- Kadirganj, Distt.- Patna.
... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
Ganesh Prasad Son of Late Tulsi Mahto Resident of Village - Keshavpur, P.S.- Kako, Distt.- Jehanabad 3.
Sanju Kumari D/o Ganesh Prasad Resident of Village - Keshavpur, P.S.- Kako, Distt.- Jehanabad ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gauri Shankar Prasad For the Opposite Party/s :
Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-09-2020 Heard learned counsel for the parties.
This application for grant of regular bail arises out of Kako P.S. Case No. 298 2018 registered for the offence punishable under Sections 307, 326/34 of the Indian Penal Code and Section 27 of the Arms Act.
The father-in-law of the petitioner is the informant. It transpires from the F.I.R. that there was certain serious dispute between the petitioner and his wife, who was in family way and she was generally residing with the informant. Allegedly, on 28.11.2018, the petitioner and other co-accused persons entered into the informant's house at 12.30. A.M. in the night from the
Patna High Court CR. MISC. No.1669 of 2020(11) dt.23-09-2020 2/2 back door. The petitioner is said to have shot at his wife (informant's daughter), which caused firearm injury to her. Allegedly, co-accused Ramdev Yadav also opened fire, targeting the informant. The informant and his daughter were sent to Sadar Hospital, Jehanabad and subsequently to Patna Medical College Hospital for treatment. Six months thereafter the petitioner was apprehended. Case diary has been called for, from which the allegation that the informant's daughter had sustained firearm injuries is corroborated. In the wake of the fact that there is direct allegation against the petitioner of having shot at his wife causing firearm injuries, which has been corroborated in course of investigation, I am not inclined to grant him privilege of regular bail for the present. This application is accordingly dismissed.
AKASH/- (Chakradhari Sharan Singh, J) U T