Raushan Kumar Lathor v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14458 of 2019 Arising Out of PS. Case No.-42 Year-2018 Thana- TANDWA District- Aurangabad ====================================================== RAUSHAN KUMAR LATHOR Son of Mangal Singh Lathor, Resident of Village and Post and P.S.- Alinagar, Distt- Chandauli (Uttar Pradesh) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Rajiv Nayan (App 231) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-05-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Tandawa P. S. Case No. 42 of 2018 instituted for the offence under Section 302 of the Indian Penal Code.

In the written report, it is alleged that on the date of occurrence, this petitioner, who is husband of informant, abused her and told that her son is illicit child and he thrashed the son on the ground twice, on account of which, three months old child of the informant died on the spot.

Case diary has been received..

The learned Sessions Judge has mentioned in the impugned order that informant, in her re-statement in paragraph no. 12 of the case diary and other witnesses in different

Patna High Court CR. MISC. No.14458 of 2019(4) dt.28-05-2019 2/2 paragraphs of case diary, have supported the case of prosecution. The inquest report shows that death has been caused due to thrashing. The postmortem report also shows that anterior injury was found on the person of the infant. The allegation levelled against the petitioner is very serious in nature. Therefore, this Court is not inclined to grant bail to the petitioner. The prayer for bail of the petitioner stands rejected. Trial Court is directed to expedite the trial. (Sanjay Priya, J) shyambihari/- U T