Patna High CourtCR. MISC./27672/2020bail rejected

Mahesh Ram v. The State Of Bihar

2020-12-07Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27672 of 2020 Arising Out of PS. Case No.-132 Year-2020 Thana- GORAUL District- Vaishali ====================================================== MAHESH RAM S/o Late Maithu Ram Resident of Village-Mansurpur Halaiya, P.S-Goraul (Kathara O.P.), District-Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Ranjan Kumar For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-12-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 20.04.2020 in connection with Goraul (Kathara O.P.) P.S. Case No. 132/2020 registered for the offences punishable under Sections 341/323/302 of the Indian Penal Code.

As per the prosecution case, this petitioner is alleged to have assaulted six months old son of the informant due to which he died on the spot.

It is submitted that petitioner has been falsely implicated in this case and informant is brother and no such occurrence has taken place. In fact, the deceased fell down on earth as a result of which he died and falsity is apparent from the fact that as per the FIR, the informant is also alleged to have

Patna High Court CR. MISC. No.27672 of 2020(3) dt.07-12-2020 2/2 been assaulted by this petitioner, but no such injury has been found on the body of the informant.

Learned counsel for the State has opposed the bail application and has submitted that there is specific allegation against this petitioner of assaulting the six months old son of the informant as a result of which he died on the spot. Considering the aforesaid facts and circumstances and the nature of allegation levelled against this petitioner, I am not inclined to grant bail to this petitioner. It is, accordingly, rejected.

(Prabhat Kumar Singh, J) Saif/- U T