Pawan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19596 of 2023 Arising Out of PS. Case No.-112 Year-2022 Thana- MEHANDIA District- Jehanabad ====================================================== Pawan Ram Son Of Manoj Chandrarbansi @ Manoj Prasad R/V- Usari Dih, P.S- Mehandia, Dist- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hridayal Kumar For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 354, 504, 506, 308, 379 and 34 of the Indian Penal Code later on Section 302 was also added.

As per prosecution case, the allegation against the accused persons including the petitioner is that they came and started abusing and assaulting the informant and when the informant's mother-in-law, namely, Binda Devi came to save her, the petitioner assaulted him by means of khanti on her head as a result of which she sustained injury and during treatment she died.

Patna High Court CR. MISC. No.19596 of 2023(3) dt.27-07-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Both parties are agnates and due to previous dispute he has falsely been implicated in this case. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 24.07.2022. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that there is direct allegation against the petitioner of assaulting by means of khanti on the head of the deceased due to which she sustained severe injuries and died. As per Postmortem Report, which is annexed with Case Diary, wherein doctor opined cause of death caused by hard and blunt object on the head of the deceased. During investigation witnesses also supported the prosecution version.

Having heard the learned counsel for the parties and considering the fact that there is direct allegation against the petitioner of assaulting on the head of the deceased, resulting into her death, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

Patna High Court CR. MISC. No.19596 of 2023(3) dt.27-07-2023 3/3 The trial Court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) Manishkumar/- U T