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Patna High CourtCR. MISC./26908/2017rejected

Pranav Kumar @ Pranav Singh v. The State Of Bihar

2017-07-13Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26908 of 2017 Arising Out of PS.Case No. -68 Year- 2015 Thana -JAMALPUR District- DARBHANGA ====================================================== Pranav Kumar @ Pranav Singh, son of Umashankar Singh, resident of Village- Goraman Singh, P.S.- Jamalpur, District- Darbhanga. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Suraj Narayan Pd. Singh, Sr. Adv. For the Opposite Party/s : Mr. Kalyan Shankar, APP For the Informant : Mr. Samrendra, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Jamalpur P.S. Case No.68 of 2015, registered for the offence punishable under Sections 147, 148, 149, 341, 323, 325, 379, 504 and 307 of the Indian Penal Code, later on Section 302 of the Indian Penal Code was added. Allegation has been made the accused persons have entered into the house victim and started abusing and later on, assaulting him with iron rod, whereupon the ribs of the chest were fractured and damaged badly. The victim was taken to the D.M.C.H. and later on, brought to the P.M.C.H. and after some time he died.

Patna High Court Cr.Misc. No.26908 of 2017 (2) dt.13-07-2017 2/2 Learned counsel for the petitioner submits that there is case and counter case from both the sides. The victim was brought to the Primary Health Centre and thereafter brought to the D.M.C.H., in both the places the nature of injury has not been shown to be very serious. Ultimately, he was brought to P.M.C.H. where he died. He further submits that the victim was of old age, some how he had fallen from the ground and caused fracture on the ribs of the chest, it is not the case that the injury caused on account of assault.

Whereas, learned counsel for the informant has shown the nature allegation correspondence to the nature injury found in the post-mortem report.

Looking to the nature of allegation, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail is rejected. If the petitioner surrenders before the Court below within four weeks from today and prays for bail, the Court below will pass the order in accordance with law without being influenced by the order of this Court.

(Shivaji Pandey, J) pawan/- U T