Patna High CourtCR. MISC./41456/2014rejected

Santosh Kumar v. The State Of Bihar

2015-03-09Mr. Justice Amaresh Kumar Lal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41456 of 2014 Arising Out of PS.Case No. -193 Year- 2013 Thana -MAKHDUMPUR District- JEHANABAD ====================================================== Santosh Kumar Son of Butu Chaudhary Resident of Village-Balami Bigha, P.S.-Makhudumpur, District-Jehanabad.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Girish Chandra Sharma, Adv. For the Opposite Party/s : Mr. Anant Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 09-03-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 324 and 307 read with Section 34 of the Indian Penal Code and later on Section 302 IPC was added.

Allegation against the petitioner is to have assaulted the deceased with garasa on the head of the deceased. Learned counsel for the petitioner submits that the petitioner is not the eye witness to the occurrence. In his restatement he has stated that the occurrence was narrated to him by his sister Rajkumaria Devi as mentioned in paragraph 10 of the case-diary in which she has stated that Budhi Chaudhary, Sankura and Annu Chaudhary came there and assaulted the deceased on his

Patna High Court Cr.Misc. No.41456 of 2014 (3) dt.09-03-2015 2/2 head.

Learned counsel for the State submits that Sangeeta Kumari is the eye witness to the occurrence and in paragraph 9 of the case-diary she has specifically stated that the petitioner assaulted the deceased on her head and she fell down which proved fatal and the deceased died during treatment. Considering the facts and circumstances, in my opinion, the petitioner does not deserve bail at this stage. His prayer for bail is rejected.

Let the trial be expedited.

(Amaresh Kumar Lal, J) Kanchan/- U T