Gauri Shankar Singh v. The State Of Bihar
Patna High Court Cr.Misc. No.17921 of 2016 (4) dt.24-06-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17921 of 2016 Arising Out of PS.Case No. -227 Year- 2015 Thana -DUMRA District- SITAMARHI ======================================================
1. Gauri Shankar Singh Son of Late Manipat Singh Resident of Village - Muradpur Purwari Tola, Police Station - Dumra, District - Sitamarhi. .... .... Petitioner
Versus
1. The State of Bihar. .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Verma For the Opposite Party/s : Mr. Duresh Nandan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 24-06-2016 Heard learned counsel for the petitioner and learned counsel representing the State.
The petitioner seeks bail in connection with Dumra P.S. Case No. 227 of 2015 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.
Allegedly, when the husband of the informant was demanding consideration money as the petitioner has sold the allotted share of the husband of the informant and then the petitioner and other co-accused assaulted the husband of the informant brutally causing his death.
Submission is of false implication and that the petitioner is the father of the deceased, he is an old man, there was no intention to commit murder rather the occurrence took place at the spur of moment, there is no specific allegation against the petitioner and
Patna High Court Cr.Misc. No.17921 of 2016 (4) dt.24-06-2016 as such he deserves sympathetic consideration to which learned APP duly assisted by learned counsel for the informant opposes by submitting that during investigation it has come that the petitioner started assaulting with khanti whereas co-accused Jitendra Kumar was assaulting with a piece of wood causing the death of the informant's husband. The post mortem report also corroborates the corresponding injury.
In the facts and circumstances stated above, considering the allegation attributed against the petitioner serious in nature, this Court is not inclined to enlarge the petitioner on bail, accordingly, his such prayer stands rejected. (Jitendra Mohan Sharma, J) avin/- U T