Patna High CourtCR. MISC./42627/2014bail granted

Kamlesh Rajwar v. The State Of Bihar

2015-04-16Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42627 of 2014 Arising Out of PS.Case No. -16 Year- 2014 Thana -SIKARHATA District- BHOJPUR ======================================================

1. Kamlesh Rajwar Son of Tapeshwar Rajwar, Resident of Village-Bagar, P.S.-Sikarhatta, District-Bhojpur at Arrah (Bihar). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Raj Ballabh Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-04-2015 Heard both sides.

Petitioner seeks bail in Sikarhatta P.S.Case No.16 of 2014 registered for the offences punishable under Section 302 of the IPC.

The informant alleged that the petitioner killed his grand father Kuldip Rai.

It is submitted that the informant alleged that the petitioner assaulted, but none of the witnesses disclosed that the petitioner assaulted the deceased with which weapon. The deceased was 90 years old and fell down, got injury on the head and died. The petitioner is in jail since 19.5.2014. On the other hand, learned APP has submitted that the witnesses have supported the fact that the petitioner assaulted the deceased.

It appears that none of the witnesses have disclosed that the petitioner assaulted the deceased with which weapon. On perusal of the Post Mortem Report, it appears that lacerated wound

Patna High Court Cr.Misc. No.42627 of 2014 (3) dt.16-04-2015 on parietal region in shape and size 3" x 2" was found and there was fracture on left parietal bone. It is submitted that the injury might have been caused on account of fall.

Considering the facts that there is no specific allegation against the petitioner and he is in jail for about 11 months, the petitioner, named above, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M, Bhojpur at Ara in connection with Sikarhatta P.S.Case No.16 of 2014.

(Prabhat Kumar Jha, J) ahk/- U T