Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39090 of 2024 Arising Out of PS. Case No.-570 Year-2022 Thana- DHANARUA District- Patna ====================================================== Guddu Kumar Son of Bijendra Prasad R/O Vill.- Dubhara, P.O.- Madhpura, P.S.- Dhanarua, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhirendra Kumar Sinha, Advocate :

Mr. Sanjay Kumar Pandey, Advocate For the State :

Mr. Nirmal Kumar Sinha, APP For the Informant :

Mr. Vijay Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-11-2024 Heard Mr. Dhirendra Kumar Sinha, learned counsel for the petitioner and Mr. Vijay Kumar Sinha, learned counsel representing the Informant beside learned APP Mr. Nirmal Kumar Sinha.

2. The petitioner is in judicial custody in connection with Dhanarua P.S. Case No. 570 of 2022 for the offence under Sections 302 and 34 of the Indian Penal Code lodged on 21.09.2022 by the informant, Babu Chandra Singh.

3. The allegation is against the petitioner, he is named accused in the F.I.R. Earlier the case of the petitioner is/was that contrary to the direct allegations against three persons only three injuries have been found and further the petitioner is not mentally fit person.

4. Though, the first prayer was immediately rejected, in view of the direct allegation that has come in the F.I.R, considering

Patna High Court CR. MISC. No.39090 of 2024(6) dt.22-11-2024 2/2 the second submission, this Court wanted the State to constitute a Medical Board and submit a report.

5. Pursuant thereto, a report has come, according to which, the Medical Board has opined that though the petitioner is agile, he needs to be inspected by the BIMHANS (Koilwar) for IQ Assessment and Psychometric Evaluation. So far as the mental stage examination is concerned, the Medical Board has opined that he is conscious, cooperative, comprehensive, eye to eye contact established, rapport established and maintained, touched with surrounding present.

6. Taking into account the submission put forward by the parties as also the fact that the petitioner is the named accused in the present case, the petition for grant of relief stands rejected.

7. However, considering the opinion given by the Medical Board of Patna Medical College and Hospital, Patna, the Superintendent of Sub-Jail Masaudhi, is directed to take steps for getting the petitioner examined from the BIMHANS (Koilwar), Patna.

8. The bail petition stands rejected with the aforesaid observation.

(Rajiv Roy, J) vinayak/- U T