Harendra Mukhiya @ Harendra Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22563 of 2023 Arising Out of PS. Case No.-756 Year-2018 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Harendra Mukhiya @ Harendra Sahni Son Of Vijay Mukhiya @ Vijay Sahni R/O Village And P.O.- Rain Shankar, P.S.- Runnisaidpur, District- Sitamarhi ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 323, 448, 324, 307, 379, 504/34, 302 of the Indian Penal Code. Prosecution case in nutshell is that informant went to cut grass where co-accused Ramrati Devi and Pinky Kumari were also present. During the general discussion, verbal altercation took place between them. When the informant returned her house, petitioner along

Patna High Court CR. MISC. No.22563 of 2023(9) dt.07-02-2024 2/3 with co-accused persons barged there and started assaulting informant and her husband. Allegation against the petitioner is that he assaulted the informant's husband, Ram narayan Sahni, by means of iron rod due to which he sustained head injuries and succumbed to injuries during the course of treatment. Co-accused Ramrati Devi snatched Rs. 5,000/- from the pocket of informant's husband and petitioner took gold chain from the neck of informant.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Both parties are agnates and there is dispute between them. Petitioner is languishing in judicial custody since 12.09.2022 Learned APP appearing on behalf of the State and learned counsel for the informant vehemently opposed the prayer of the petitioner and submitted that there is specific allegation against the petitioner of assaulting to informant's husband. From perusal of the

Patna High Court CR. MISC. No.22563 of 2023(9) dt.07-02-2024 3/3 postmortem report, it appears that cause of death was due to intracranial hemorrhage and shock leading to C.R. failure as a result of inhury caused by hard and blunt object, which corroborates with the prosecution version. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected. Learned trial court is directed to expedite the trial and conclude the same as early as possible. (Sunil Kumar Panwar, J) Nirajkrs/- U T