Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16056 of 2016 Arising Out of PS.Case No. -499 Year- 2013 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ====================================================== Deepak Kumar son of Baban Choudhary Resident of Village- Kushum Tola, P.S.- Nokha, District- Rohtas.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr. Adv. For the Opposite Party/s : Mr. Umeshanand Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-07-2016 Heard both sides.
The petitioner apprehends his arrest in Sasaram (T) P.S. Case No. 499/2013, registered for the offence punishable under Sections 302, 34 of the Indian Penal Code.
The informant alleged that he along with others had gone to participate in the marriage ceremony. Some altercation took place and some persons from the side of Bride brutally assaulted Barat parties. Dharmendra Kumar received injury on head and died.
Mr. Yogesh Chandra Verma learned counsel for the petitioner submits that petitioner appears to be cousin of the Bride. Petitioner is not named in the F.I.R. He performed all the
Patna High Court Cr.Misc. No.16056 of 2016 (3) dt.01-07-2016 2/2 rites of marriage of his cousin. There appears no tangible evidence against the petitioner. He is a young student. From perusal of case diary it appears that the witnesses have stated that nephew of Bhagwan, the father of Bride, assaulted Dharmendra Kumar with lathi on his head who succumbed to the injuries. The name of the petitioner also comes from the mouth of witnesses that it was he who assaulted Dharmendra Kumar with lathi.
Considering the facts aforesaid, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.
(Prabhat Kumar Jha, J.) Vinita/- U T