Patna High CourtCR. MISC./52601/2016dismissed

Mintu Singh v. The State Of Bihar

2017-01-17Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52601 of 2016 Arising Out of PS.Case No. -39 Year- 2014 Thana -SHERGHATI District- GAYA ======================================================

1. Mintu Singh, son of Late Vijay Singh, Resident of Village- Samda, Police Station- Sherghati, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Sri S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-01-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Sherghati P.S. Case No. 39 of 2014 for the offence punishable under section 302/34 of the Indian Penal Code pending in the court of the learned Additional Chief Judicial Magistrate, Sherghati at Gaya. It is alleged that on the date of occurrence, the petitioner assaulted the husband of the informant with iron Tawa on his head and on different parts of the body as a result of which he fell down in the Angan. The other accused persons also assaulted the informant and her daughter-in-law. Husband of the informant died in the night.

Case diary has been received in this case. The

Patna High Court Cr.Misc. No.52601 of 2016 (3) dt.17-01-2017 2/2 informant in her further statement in paragraph 5 and other witnesses in paragraphs 6,7,15,16 and 26 have leveled specific allegation against the petitioner of assaulting the husband of the informant. The doctor in the post mortem report has stated that the death has been caused on account of assault by hard and blunt substance and the injuries have been caused on the chest. In this case, it appears that the petitioner is the main assailant and in view of the post mortem report, I am not inclined to enlarge the petitioner on bail. His prayer for bail is, accordingly, dismissed.

(Sanjay Priya, J) Amin/- U