Ranjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 32202 of 2020 Arising Out of PS Case No.-52 Year-2020 Thana- DHANARUA District- Patna ====================================================== Ranjeet Kumar, aged about 40 years (M) Son of Late Pokhraj Prasad, Resident of Village - Chotki Math, P.S. Dhanarua, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satish Chandra, Advocate For the State :

Mr. Md. Arif, APP For the Informant :

Mr. Kumar Ranjeet Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 29-01-2021 Heard Mr. Satish Chandra, learned counsel for the petitioner; Mr. Md. Arif, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State and Mr. Kumar Ranjeet Ranjan, learned counsel for the informant.

2. The petitioner is in custody in connection with Dhanarua PS Case No. 52 of 2020 dated 12.02.2020, instituted under Sections 302 and 120 B of the Indian Penal Code.

3. The allegation against the petitioner is of inflicting blow on the head of the husband of the informant who died as a result of the same.

4. Learned counsel for the petitioner submitted that the allegation against the petitioner is of assault on head but in the latter part of the FIR, it is stated that others also participated in

Patna High Court CR. MISC. No.32202 of 2020 dt.29-01-2021 2/2 assault of the deceased but the post mortem report does not corroborate the same. Learned counsel submitted that the petitioner is in custody since 13.02.2020.

5. Learned APP, from the case diary, submitted that there is fracture of 5 inches on the middle of the skull leading to haematoma on both sides of the brain which was the cause of death. It was further submitted that the allegation of assault on him is only against the petitioner and others are said to have instigated him.

6. Learned counsel for the informant submitted that the petitioner is the sole accused of having inflicted blow on the head which is fully corroborated by the post mortem report and which is the cause of death.

7. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to enlarge the petitioner on bail, for the present.

9. Accordingly, the application stands dismissed. (Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T