Moti Chand Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15040 of 2024 Arising Out of PS. Case No.-267 Year-2023 Thana- PANCHRUKHI District- Siwan ====================================================== Moti Chand Ram Son of Late Kamal Nath Ram Resident of VillageMandraulli, P.S.- M.H. Nagar, Distt.- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Anupam, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP For the Informant :

Mr. Shyam Sundar Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-05-2024 Heard Ms. Kumari Anupam, learned counsel for the petitioner as also Mr. Shyam Sundar Kumar, learned counsel for the informant and Mr. Jitendra Kumar Singh, learned APP.

2. The petitioner is in custody in connection with Pachrukhi (M.H. Nagar) P.S. Case No. 267 of 2023 for the offence punishable under sections 341, 323, 302, 504, 506/34 of the Indian Penal Code lodged on 07.10.2023 by the informant, Meena Devi.

3. As per the prosecution story, the informant (wife of the deceased) alleged that her brother-in-law (devar) on a small issue of keeping of bricks gave a bamboo blow on the head of her husband, he fell down, the blood came out of the mouth and subsequently succumbed to the injury. Accordingly, the FIR.

Patna High Court CR. MISC. No.15040 of 2024(3) dt.10-05-2024 2/2

4. Though learned counsel for the petitioner tried to impress upon the Court that he also had illness and may have fell down and caused injury.

5. Learned counsel for the informant submits that there is direct allegation of hitting by bamboo on the head causing the ultimate death.

6. In that background, the bail application stands rejected.

(Rajiv Roy, J) kiran/- U T