Bikash Singh @ Bikash Kumar Singh @ Vikash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46108 of 2021 Arising Out of PS. Case No.-865 Year-2020 Thana- MADHAURAH District- Saran ====================================================== Bikash Singh @ Bikash Kumar Singh @ Vikash Singh, aged about 31 years, Gender-Male, S/O Sudama Singh R/o village- Narharpur Basant, P.S.- Marhaurah, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Sanjana, Adv.

Mr. Gaurav Kumar, Adv.

Ms. Kumari Archna, Adv.

For the Opposite Party/s :

Mr. Bishweshwar Ram, APP For the Informant :

Mr. Sanjay Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-02-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State as also counsel for the Informant.

Petitioner seeks bail in connection with Marhaurah P.S. Case No. 865 of 2020 registered for the offences punishable under Sections 341, 323, 307, 302 and 504 of the Indian Penal Code. The prosecution case, in short, is that on 10.10.2020 when the Informant was sitting in the house with his wife Indu Devi, then at about 8 PM, his younger son, the petitioner, came in drunken state and started abusing his parents. When the Informant objected then the petitioner started assaulting his mother with Fat and kick. He also assaulted the Informant. Thereafter, the accusedpetitioner brought Labada and gave blow on the wife of the Informant due to which she became unconscious and ultimately

Patna High Court CR. MISC. No.46108 of 2021(3) dt.23-02-2022 2/2 died.

Learned counsel for the petitioner submits that petitioner has clean antecedent and has committed no offence and he has falsely been implicated in the present case. He further submits that in fact the deceased is the mother of the petitioner and his father is the Informant of the present case. He further submits that due to land dispute, the petitioner has been implicated in the present false and fabricated case.

Learned Additional Public Prosecutor and the counsel for the Informant have vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner has killed his mother. He further submits that it appears from the F.I.R. that there is direct allegation against the petitioner and the postmortem report also corroborate the same.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner, above named, is rejected with a direction to the court below to expedite the trial.

(Rajesh Kumar Verma, J) rishi/- U T