Mohan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37680 of 2020 Arising Out of PS. Case No.-195 Year-2019 Thana- MURLIGANJ District- Madhepura ====================================================== MOHAN KUMAR SON OF GULAB CHANDRA MANDAL RESIDENT OF VILLAGE - GANGAPUR, WARD NO 08, POLICE STATION - MURALIGANJ, DISTRICT - MADHEPURA.

... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Uday Chand Prasad, Advocate.

For the State :

Mr. Lakshmi Kant Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-02-2021 As prayed for, let the learned counsel for the petitioner remove the defect(s), as pointed out by the office vide its notes dated 21.12.2020, within four weeks of starting of the Court proceeding in physical mode.

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

The petitioner seeks bail in connection with Murliganj Police Station Case No.195 of 2019/Sessions Trial No.276 of 2019 registered under Sections 143, 341, 323, 324, 307, 379, 504, 506 and, later on, added Section 302 of the Indian Penal Code, pending in the court of the Additional Sessions Judge-III, Madhepura.

The accusation is that on hearing 'Hullah' about causing assault to Sunita Devi, the sister of the informant Vibha

Patna High Court CR. MISC. No.37680 of 2020(2) dt.24-02-2021 2/2 Devi, the informant and her husband reached at the house of Sunita Devi and saw the husband and in-laws of her sister Sunita Devi assaulting her. When Bablu Mandal (deceased), the husband of the informant, made intervention, then the petitioner Mohan Kumar caused injury at his head through Bamboo. At that time, informant and her Gotni Rekha Devi also received injuries.

Learned counsel appearing on behalf of the petitioner submits that, earlier, vide order dated 04.03.2020 passed in Criminal Misc. No.71716 of 2019 by this Court, while the coaccused Gulab Chandra Manal was granted bail but the prayer of the petitioner to grant him bail was rejected. The petitioner is in custody since 04.07.2019.

Having regard to the facts and the circumstances of the case and also considering the nature of allegation against the petitioner, I am not inclined to reconsider the prayer of the petitioner to grant him bail. Accordingly, the prayer of the petitioner for grant of bail is again rejected. (Rajendra Kumar Mishra, J) P.S./- U T