Dhurkheli Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.51427 of 2014 (3) dt.07-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51427 of 2014 Arising Out of PS.Case No. -71 Year- 2014 Thana -BARHARA District- BHOJPUR ======================================================

1. Dhurkheli Rai S/o Late Suraji Rai Resident of Village Sabalpur Gangoli, P.S. Barhara, District Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Asha Devi, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 07-04-2015 Heard learned counsel for the petitioner as well as learned APP for the State assisted by learned counsel for the informant.

Informant Yogendra Rai along with his father, Keshaw Rai while were in the market on 25.04.2014 at about 5.30 p.m., all of a sudden, Dhurkheli Rai, (petitioner), Rajkumar Rai, Pardeshi Rai and Guddu Rai apprehended his father out of whom, petitioner gave indiscriminate sickle blows over his father causing injuries on the neck, shoulder and hand. Rajkumar Rai also gave Farsa blow. Pardesh Rai and Guddu Rail also assaulted. Till then they were also joined by Sri Ram Rai, Sanjeet Rai, Kamta Rai, Videshi Rai, Rajbahadur Rai, Vishwanath Rai, Devmuni Rai, Dipak Rai, Ramjit Rai. However, on arrival of villagers, they were taken to the hospital and during course of treatment at Chapra

Patna High Court Cr.Misc. No.51427 of 2014 (3) dt.07-04-2015 Sadar Hospital, the deceased died. Postmortem report confirms the allegation.

It has been submitted on behalf of petitioner that he has been falsely implicated in this case on account of longstanding animosity prevailing amongst both the pattidars. It has also been submitted that the deceased happened to be an accused on account of murder of father of petitioner wherein he had already been convicted and sentenced. Furthermore, it has been submitted that he surrender on 15.05.2014.

On the other hand, learned APP assisted by learned counsel for the informant opposed the prayer and submitted that there happens to be specific allegation against the petitioner to have inflicted Fasuli blows over deceased, more particularly, on the neck, shoulder and hand which has been corroborated by the postmortem report.

Accordingly, the prayer for bail is rejected. (Aditya Kumar Trivedi, J) perwez U T