Gauri Shankar Singh @ Mangra @ Gouri Shankar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9907 of 2020 Arising Out of PS. Case No.-133 Year-2019 Thana- MUSAHARI District- Muzaffarpur ====================================================== Gauri Shankar Singh @ Mangra @ Gouri Shankar, aged about 40 years, Gender Male, Son of Late Nand Kishor Singh Resident of Village - Chhapra Megh, P.S.- Mushari, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhay Kumar For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 19-06-2020 Heard learned counsel for the petitioner and learned counsel for the State through video conferencing. In this case, the petitioner is seeking bail in connection with Mushari P.S. Case No. 133 of 2019 registered for offences under sections 302/34 of the Indian Penal Code. From the First Information Report, it appears that the victim had gone to attained the marriage of his niece which was to be solemnized on 15.5.2019. At about 5.30 PM, the victim had gone to temple for Puja with D.J. which was playing which was stopped. Thereafter, Dinanath Kumar asked the operator to start playing whereupon the quarrel started. It has also been alleged that Gauri Shankar Singh, the present petitioner, and other accused persons assaulted the victim with

Patna High Court CR. MISC. No.9907 of 2020(3) dt.19-06-2020 2/2 Lathi, Danda and iron rod. The brother of the Informant became seriously injured who ultimately died.

Learned counsel for the petitioner submits that the nature of injury made in the postmortem report is not in consonance with the statement made in the First Information Report and not only the petitioner but, other persons have also joined in the assault.

From perusal of different paragraphs of the Case Diary, it appears that it is the petitioner who has started to assault the victim who ultimately succumb to his injury. Looking to the specific allegation made against the petitioner as also considering the entire facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner, above named, is rejected.

(Shivaji Pandey, J) rishi/- U T