Patna High CourtCR. MISC./57908/2017dismissed

Dharmendra Singh v. The State Of Bihar

2017-12-22Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57908 of 2017 Arising Out of PS.Case No. -230 Year- 2010 Thana -PAROO District- MUZAFFARPUR ======================================================

1. Dharmendra Singh, S/o Sri Harendra Singh, resident of villageChaturpatti, P.S.- Deoriya, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bishwajeet Singh, Advocate For the Opposite Party/s : Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 22-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Paroo P.S. Case No.230 of 2010 instituted for the offence under Section(s) 302/34 Indian Penal Code pending in the Court of the Sub-Divisional Judicial Magistrate, West, Muzaffarpur.

There is allegation against this petitioner that on the order of Navin Singh, he and other accused persons, as named in the written report, assaulted the father of the informant with iron rod on the head after wrapping towel. Later on, they also run tractor over body of father of the informant and thereafter he died.

Post mortem report has been annexed as Annexure-

Patna High Court Cr.Misc. No.57908 of 2017 (3) dt.22-12-2017 2/2 2, wherein, the doctor has found 4-5 injures on the person of the deceased. Doctor has stated that death occurred within 24 - 40 hours since the time of post mortem.

As such, post mortem report also supports the allegation against the petitioner as post mortem was done on 20.12.2010 and the alleged occurrence took place on 19.12.2010 and the deceased died at the spot itself on account of assault. In such circumstances, this Court does not find it a fit case for grant of anticipatory bail.

Prayer of the petitioner for grant of anticipatory bail is rejected.

(Sanjay Priya, J) JA/- U T