Patna High CourtCR. MISC./42174/2023bail rejected

Pramod Kumar v. The State Of Bihar

2023-07-25Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42174 of 2023 Arising Out of PS. Case No.-4 Year-2023 Thana- BARABAR TOURIST District- Jehanabad ====================================================== PRAMOD KUMAR son of DHANESH KUMAR YADAV @ DHANESH YADAV RESIDENT OF VILLAGE KUTWAN CHAK, PS BARABAR PARYATAK, WISHNUGANJ OP, DISTRICT- JEHANABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-07-2023

1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with S.Tr. No. 391 of 2023/75 of 2023 arising out of Barabar Paryatak P.S. Case No. 4 of 2023 dated 9.1.2023 registered for the offence punishable u/s 341, 323, 302, 504 read with section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner is alleged to have snatched the minor child from the lap of the informant's wife and slammed him on the floor due to which he became

Patna High Court CR. MISC. No.42174 of 2023(2) dt.25-07-2023 2/2 unconscious. Further, the child was taken to the hospital where he was declared dead.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 10.1.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that there is specific allegation of slamming the child on the floor is against the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the specific allegation is against the petitioner and the heinous nature of allegation, I'm not inclined to enlarge the petitioner on bail.

8. Accordingly, the application stands rejected. (Chandra Prakash Singh, J) Ajay Singh/- U T