Patna High CourtCR. MISC./49245/2015rejected

Dhanushdhar Singh v. The State Of Bihar

2016-02-01Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49245 of 2015 Arising Out of PS.Case No. -39 Year- 2015 Thana -TISIAUTA District- VAISHALI(HAJIPUR) ====================================================== Dhanushdhar Singh, son of Late Ram Ekabal Singh, Resident of VillageJasparha, P.S.- Tisiauta, District- Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Chandra For the Opposite Party/s : Mr. Yogendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Tisiauta P.S. Case No. 39 of 2015 registered for the offences punishable under Sections 341, 323, 302, 201/34 of the Indian Penal Code. Allegedly the petitioner and other four F.I.R. named accused persons directed Deepak Mahto, the brother of the informant, to bring wine to which he refused and then they poured wine bottle in his mouth and after assaulting, threw him in the water. The informant fled away and saved his life. Submission is of false implication and that doctor has not found any external injury on the body of the deceased, cause of death is asphyxia due to drowning, there was no motive to

Patna High Court Cr.Misc. No.49245 of 2015 (3) dt.01-02-2016 2/2 commit murder of the deceased and, as such, the petitioner who is suffering in custody since 30.05.2015, deserves sympathetic consideration to which the learned A.P.P. opposes. In the facts and circumstances stated above, considering that the petitioner and other co-accused after assaulting the deceased threw him in the water resulting he died and, as such, this Court is not inclined to enlarge the petitioner on bail and accordingly, such prayer stands rejected. (Jitendra Mohan Sharma, J) sushma/- U T