Naresh Prasad Sah And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.30646 of 2018 (4) dt.05-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30646 of 2018 Arising Out of PS.Case No. -552 Year- 2017 Thana -MANIHARI District- KATIHAR ======================================================

1. Naresh Prasad Sah, S/o Late Satya Narayan Sah,

2. Rekha Devi W/o Naresh Prasad Sah, Both resident of village - Pagalbari, P.S.- Manihari, District- Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Suresh Prasad Sah @ Baranwal For the Opposite Party/s : Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 05-07-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners seek regular bail in connection with Manihari P.S. Case No. 552 of 2017 registered for offence punishable under section 302/34 of the Indian Penal Code. Petitioners are son and daughter-in-law of the deceased. It is alleged that these petitioners gave bamboo blow on the head of the victim as a result of which he fell down and lost his consciousness. The victim in course of moving to hospital died in the way. The witnesses have supported the allegation of assault by these petitioners. The petitioners and the deceased were residing in the same house. The witnesses in course of investigation have stated that the petitioners used to torture the victim. In post

Patna High Court Cr.Misc. No.30646 of 2018 (4) dt.05-07-2018 mortem report, the doctor has mentioned cause of death due to injury sustained by the deceased.

Considering the specific allegation of assault by these petitioners resulting the death of deceased, I am not inclined to grant them bail. Their bail prayer stands rejected. (Sanjay Kumar, J) Mahesh/- U T