Patna High CourtCR. MISC./7894/2017dismissed

Rajendra Yadav v. The State Of Bihar

2017-03-28Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7894 of 2017 Arising Out of PS.Case No. -80 Year- 2016 Thana -MEHANDIA District- JEHANABAD ====================================================== Rajendra Yadav S/o - Late Rajdev Yadav R/o - Gehua Bigha, P.S. - Mehandia, District - Arwal.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Kumar Singh For the Opposite Party/s : Dr. Rabinder Kumar,A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-03-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Mehandia P.S. Case No. 80 of 2016 instituted for the offence under Sections 341, 323, 302, 504/34 of the Indian Penal Code.

It is alleged that on the date of occurrence this petitioner with other accused armed with lathi assaulted the informant on his head. The informant raised hullah then his father and other family members of informant came to save. The petitioner with co-accused Ramesh Yadav assaulted the father and brother of the informant and Lakhminiya Devi assaulted the Bhabhai of the informant, causing injury to her. The father of the informant died on the spot. The informant also sustained injury in the assault.

Patna High Court Cr.Misc. No.7894 of 2017 (3) dt.28-03-2017 2/2 Case diary has been received wherein the postmortem report has been mentioned in para-55 of the case diary. The doctor has found one lacerated wound on head occipital region. Cause of death has been opined to cardiac respiratory failure due to external and internal haemorrhage of brain. Under such circumstances, there is specific allegation against this petitioner of assaulting father of the informant. Therefore, this court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected at this stage.

(Sanjay Priya, J) Ravi/- U T