Srikant Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13622 of 2020 Arising Out of PS. Case No.-71 Year-2019 Thana- HATHIDAH District- Patna ====================================================== SRIKANT SINGH Son of late Musan Singh Resident of Village - Mahendra, P.S.- Hathidah, Distt - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Manglam For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-06-2020 This case has been heard through video- conferencing. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code and subsequently added Section 302 of the Indian Penal Code.

Prosecution case as lodged by the informant is that while he was out of home, in the meantime, Srikant Singh (petitioner) Ganesh Singh, Santosh Kumar Singh, Suman Singh, Gago Singh have started altercation with his wife, and Bhabhi due to making cover on drainage system. They have brutally assaulted to both of the ladies. When he reached then found in unconscious position to both the ladies and the blood was

Patna High Court CR. MISC. No.13622 of 2020(3) dt.02-06-2020 2/3 oozing, thereafter, he informed to Hathidah P.S. and brought them at Maranchi Government Hospital but the doctor has referred to both the ladies to Patna, where they are in critical position. They were also threatened to him and his son. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to family dispute as both the parties are descendants of common ancestors. He further submits that petitioner is languishing in judicial custody since 16.11.2019.

Learned counsel for the State vehemently opposes the prayer for bail and submits that the witnesses have supported the entire facts of the occurrence in para-12-15 of the case diary. In the meantime, Pramila Devi has died on 18.09.2019 in PMCH, Patna which is mentioned in para-19 of the case diary. He submits that the case has been found true against five accused persons by ASP, Barh in supervision note vide para-32. He further submits that the postmortem report has mentioned in para-49 of the case diary in which multiple external injury has been found on the dead body, caused by hard and blunt object and due to head injury, the death was caused. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly,

Patna High Court CR. MISC. No.13622 of 2020(3) dt.02-06-2020 3/3 his payer for bail is rejected in connection with Hathidah P.S. Case No. 71 of 2019 pending before the court of the learned 4th Additional Chief Judicial Magistrate, Barh, Patna. Accordingly, the application is dismissed.

However, petitioner is at liberty to renew his prayer for bail after framing of charge.

(Anjani Kumar Sharan, J) devendra/- U T