Pankaj Mowar @ Pankaj Mouwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32072 of 2019 Arising Out of PS. Case No.-150 Year-2012 Thana- SHAHKUND District- Bhagalpur ====================================================== PANKAJ MOWAR @ PANKAJ MOUWAR Son of Devkinandan Mowar Resident of Village Dohradih, P.S. Shahkund, District Bhagalpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kr, Thakur, Advocate with Nilesh Kumar, Advocate For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-07-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Shahkund P. S. Case No. 150 of 2012 instituted for the offence under Section(s) 324 and 302/34 of the Indian Penal Code.

It is alleged in the written report that on the date of occurrence this petitioner assaulted father of informant with spade on his head causing bleeding injury, on account of which, father of informant fell down. Thereafter, co-accused Ujjwal Mowar @ Kanhai Mowar assaulted his father with spade on his head which hit on his right side of head and brain matter came out whereas wife of Pankaj Mowar, namely, Prem Lata Devi @ Prema was insisting them to kill. It is further alleged

Patna High Court CR. MISC. No.32072 of 2019(4) dt.17-07-2019 2/2 when the informant tried to save his father then all the accused persons ran to assault him with spade but, anyhow, he fled away from the place of occurrence and went in village and raised hulla, on which, the villagers assembled and thereafter accused persons fled away. Subsequently, father of informant died in hospital during course of treatment.

Case diary has been received, wherein postmortem report of deceased is available. Doctor has found two incised wound over parietal region. Another incised wound was also found i.e 3/2" x 1⁄4" x bone deep was present on 1⁄2" away from injury no.2 on the back side of skull. Death has occurred due to aforesaid injuries.

Therefore, this Court is not inclined to grant bail to petitioner. Accordingly, prayer for bail of petitioner stand rejected, at this stage.

Trial Court is directed to expedite the trial. (Sanjay Priya, J) shyambihari/- U T