Bindeshwari Uraon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28428 of 2015 Arising Out of PS.Case No. -295 Year- 2014 Thana -FALKA District- KATIHAR ======================================================

1. Bindeshwari Uraon S/o Puran Uraon resident of village - Dumar Adibesi Tola, P.S. - Falka (Pothia), District - Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jagdish Prasad Bhagat For the Opposite Party/s : Mr. Ajay Kr. 2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-10-2015 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

Petitioner seeks bail in connection with Falka (Pothia) P.S. Case No. 295 of 2014 registered for the offences punishable under Section 302 of the Indian Penal Code.

Allegedly the petitioner was assaulting Sarojni Munni Devi and on her alarm, when Sudama Devi went to rescue then the petitioner started assaulting Sudama Devi with wooden log on vital parts of the body resulting she became unconscious and in the night she died.

Submission is that there was no intention to kill the deceased and the petitioner is suffering in custody since 23.12.2014 and, as such, he deserves sympathetic consideration to

Patna High Court Cr.Misc. No.28428 of 2015 (3) dt.16-10-2015 2/2 which learned A.P.P. opposes by submitting that petitioner is the assailant and in postmortem also the cause of death is due to shock and hemorrhage with the effect of injury specially injury no. 2 caused by hard, blunt and heavy object.

In the facts and circumstances stated above, noticing that petitioner is the assailant, this Court is not inclined to enlarge the petitioner on bail and accordingly, such prayer stands rejected. (Jitendra Mohan Sharma, J) sushma/- U