Bindeshwar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21759 of 2017 Arising Out of PS.Case No. -206 Year- 2016 Thana -RAJNAGAR District- MADHUBANI ======================================================

1. Bindeshwar Sahani, Son of Late Kailu Sahani, Resident of VillageLalitpur Laxmipur, P.S. Raj Nagar, District- Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-06-2017 Heard both sides.

The petitioner seeks bail in Raj Nagar P.S. case No. 206 of 2016 under Section 302 and other Sections of the Indian Penal Code.

The informant alleged that 3rd wife of petitioner picked up quarrel with her and asked the informant to send her jail. The informant further alleged that Babita Devi, 3rd wife of the petitioner, began to abuse. On such, the petitioner also came and started assaulting her with Lathi. The son of the informant also got injuries, who was in the lap of informant, and died. The learned counsel for the petitioner submits that there was no intention to kill the boy. The petitioner was assaulting the informant, who got simple injuries on her person,

Patna High Court Cr.Misc. No.21759 of 2017 (5) dt.30-06-2017 2/2 but unfortunately the child, who was in the lap of informant, also got injuries on account of assault made by the petitioner. The petitioner is in jail since 01.10.2016.

Considering the fact that it was the petitioner who also assaulted the child in the lap of informant and the child died instantly, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T