Sidheshwar Ravidas v. The State Of Bihar

Patna High Court Cr.Misc. No.53574 of 2015 (3) dt.18-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53574 of 2015 Arising Out of PS.Case No. -87 Year- 2015 Thana -SARMERA District- NALANDA (BIHARSHARIFF) ====================================================== Sidheshwar Ravidas son of Late Narayan Ravidas resident of VillageDhanuki, P.S.- Sarmera, Dist- Nalanda...................... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sudish Kumar For the Opposite Party/s : Mr. Sanjay Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-01-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Sarmera P.S. Case No. 87 of 2015 registered for the offences under Sections 341, 323, 302, 504 of the Indian Penal Code.

Allegedly, the petitioner assaulted his son Shambhu Ravi Das on his head causing his death and thereafter the petitioner fled away.

Submission is of false implication and that no offence under Section 302 IPC is made out because the petitioner was having no intention to kill his son, after taking thumb impression on plain paper the police got lodged this case falsely, the informant has filed petition in the court below in this regard, during investigation no eye witness has come forward to support

Patna High Court Cr.Misc. No.53574 of 2015 (3) dt.18-01-2016 this case and the petitioner is suffering in custody since 13.09.2015 and further he is aged about 70 years old. Learned A.P.P. opposes the prayer of bail.

In the facts and circumstances stated above, considering that the petitioner is the assailant and as such this court is not inclined to enlarge the petitioner on bail, accordingly, his such prayer stands rejected.

However, after examination of informant Rinku Devi, the wife of deceased, during trial, the petitioner may renew his prayer of bail.

(Jitendra Mohan Sharma, J) avin/-Siddharth U T