Patna High CourtCR. MISC./49263/2021rejected

Supol Kisku @ Suphal Kisku v. The State Of Bihar

2022-03-23Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48472 of 2021 Arising Out of PS. Case No.-43 Year-2021 Thana- BAHADURGANJ District- Kishanganj ====================================================== DAMAI MARANDI, Wife of Supol Kisku @ Suphal Kisku Resident of Village - Malandighi Bangama Ward no. 06, P.S. - Bahadurganj, District - Kishanganj.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 49263 of 2021 Arising Out of PS. Case No.-43 Year-2021 Thana- BAHADURGANJ District- Kishanganj ====================================================== SUPOL KISKU @ SUPHAL KISKU Son of Late Dusadh Kisku Resident of Village - Malandighi Bangama Ward No.- 06, P.S. - Bahadurganj, District - Kishanganj.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 48472 of 2021) For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Prem Kumar Jha (In CRIMINAL MISCELLANEOUS No. 49263 of 2021) For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-03-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Patna High Court CR. MISC. No.48472 of 2021(4) dt.23-03-2022 2/3 Petitioners seek bail in connection with Bahadurganj P.S. Case No. 43 of 2021 registered for the offences punishable under Sections 302/34 of the IPC.

The prosecution case, in short, is that on 14.02.2021 the informant gave her statement before police that yesterday her neigbour (petitioners) were arguing with each other, in the meantime, they (accused persons) came to my house and dragged her husband to their house and hit on his neck and behind the head with a bamboo stick, due to which her husband fell down and started bleeding from his mouth, thereafter, the informant took him for treatment.

Learned counsel for the petitioners submits that petitioners have committed no offence and he has falsely been implicated in the present case. He further submits that due to family disputes the petitioners were falsely implicated in the present case. He further submits that there is general and omnibus allegation against the petitioners. Petitioners are in custody since 16.03.2021.

Learned Additional Public Prosecutor vehemently opposed the prayer of bail. He submits that there is direct allegation against the petitioners. Learned counsel for the State referred paragraph no. 11 of the case diary and submits that all

Patna High Court CR. MISC. No.48472 of 2021(4) dt.23-03-2022 3/3 the witnesses supported the allegation levelled against the petitioners. He further submits that post-mortem report also supported the prosecution case.

Considering this aspect of the matter that there is direct allegation against the petitioners, I am not inclined to grant bail to the petitioners and accordingly, the same stands rejected.

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