Ramu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11041 of 2022 Arising Out of PS. Case No.-305 Year-2021 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== RAMU SHARMA SON OF LATE VIJAY SHARMA R/O VILLAGESONDHI, P.S.- MOHANIA, DISTRICT- KAIMUR (BHABUA) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shankar Kumar For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-05-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 302 and some other allied Sections of the Indian Penal Code.

As per the prosecution case, this petitioner brutally assaulted younger son of the informant by fists and slaps as a result of which he died during the course of treatment. Learned counsel appearing for the petitioner submits that petitioner is none else than brother of the deceased and son of the informant. Alleged occurrence took place in sudden fight in heat of passion upon a sudden quarrel without any intention. No weapon was used. Petitioner is in custody since 01.08.2021 and investigation in this case is complete.

Patna High Court CR. MISC. No.11041 of 2022(2) dt.05-05-2022 2/2 Learned counsel appearing for the State opposes the prayer for bail and submits that there is direct and specific allegation against this petitioner that he brutally assaulted the deceased by fists and slaps as a result of which he died. Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) BKS/- U T