Patna High CourtCR. MISC./52414/2016dismissed

Kapil Chaudhary v. The State Of Bihar

2017-04-10Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52414 of 2016 Arising Out of PS.Case No. -63 Year- 2015 Thana -NAWADA MUFFASIL District- NAWADA ======================================================

1. Kapil Chaudhary Son of Late Kishun Chaudhari Resident of VillageBhola Bigha, P.S. Muffasil, Nawada, District-Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Verma For the Opposite Party/s : Mr. S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-04-2017 Heard the parties.

This application is for grant of bail in connection with Muffasil P.S.Case No.63 of 2015 for the offence under Sections 302/34 of the Indian Penal Code.

It is submitted on behalf of the petitioner that there is allegation against the petitioner of assault by 'Khanti' on the head of the deceased and there is also allegation of assault against the co-accused by 'Lathi' on the deceased, as a result, he succumbed injuries but there is delay in filing of F.I.R. and further, it is submitted that the deceased has not died due to assault but he was an aged person so he died. The petitioner is in custody for more than eight months.

Heard learned A.P.P. also, who has opposed the prayer for

Patna High Court Cr.Misc. No.52414 of 2016 (4) dt.10-04-2017 2/2 bail, stating that there is direct allegation against the petitioner and in the post mortem report also five injuries have been found on the person of the deceased.

Having heard both sides and in view of direct allegation of assault against the petitioner on the head of the deceased resulting into his death, as such I am not inclined to grant bail to the petitioner, however, the petitioner is in custody, the learned trial court is directed to expedite the trial and try to conclude it as soon as possible.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U