Chhotu Kumar @ Jhitoo v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28595 of 2019 Arising Out of PS. Case No.-187 Year-2018 Thana- CHAPRA MUFFASIL District- Saran ====================================================== CHHOTU KUMAR @ JHITOO Son of Raj Kishor Singh Resident of Village - Khalpura, P.S.- Chapra, Muffasil, Distt - Saran. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Smt. Namrata Mishra, Adv.
For the Opposite Party/s :
Mr.Satyendra Prasad, APP For the Informant : Mr. Alok Chandra, Adv. Mr. Kumar Ravish, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-07-2019 This application, for grant of anticipatory bail, arises out of Chapra (Mufassil) P.S. Case No. 187 of 2018, disclosing offences under Sections 302 of the Indian Penal Code.
Allegation as per the fardbeyan of informant is that on 25.04.2018, there was a quarrel between the deceased, who is the son in law of the informant and the brother of the deceased, namely, Raj Kishore Singh on the point of "Sheo Charcha". The wife of accused Raj Kishore Singh order his son Chhotu @ Jhitoo (petitioner) to kill the deceased with axe, thereafter, the Raj Kishore Singh and his wife thrashed the deceased on the ground and petitioner assaulted him by means of axe and Raj Kishore Sing assaulted him on his head by means of iron rod
Patna High Court CR. MISC. No.28595 of 2019(3) dt.16-07-2019 2/2 due to which and after receiving the injury the deceased became unconscious and, thereafter, the deceased was taken to hospital for his treatment, where he succumbed to his injuries. Submission of learned counsel for the petitioner is that though there is allegation against the petitioner of assaulting the deceased by means of axe but no sharp cutting injury has been found on the person of the deceased. Learned counsel for the State as well as informant opposed the prayer for bail and submitted that in this case charge-sheet has already been submitted showing the petitioner and others absconder.
Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant the privilege of anticipatory bail to the petitioner. This application is, accordingly, dismissed (Vinod Kumar Sinha, J) sunilkumar/- U T