Patna High CourtCR. MISC./49140/2016dismissed

Prem Shankar Singh v. The State Of Bihar

2017-01-17Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49140 of 2016 Arising Out of PS.Case No. -332 Year- 2016 Thana -MOHANIA District- BHABHUA (KAIMUR) ====================================================== Prem Shankar Singh, son of Hari Narayan Singh, resident of villageBarhupar, P.S.- Mohania, District- Kaimur (Bhabhua). .... .... Petitioner

Versus

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

For the Petitioner : Mr. Rameshwar Singh, Advocate. For the Opposite Party : Mr. Arun Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-01-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code. It is alleged in the written report that on the date of occurrence while the father of the informant had gone to plough his land, the petitioner with other accused named in the written report tied the hands and legs of his father with rope and murdered him after sitting over his chest and pressing the neck. The informant alleged that his father has been murdered by strangulation. The postmortem of the dead body was performed in Mohania Sadar Hospital.

The case diary has been received. The informant in paragraph-2 and other witnesses in paragraphs 8 and 9 of the case

Patna High Court Cr.Misc. No.49140 of 2016 (4) dt.17-01-2017 2/2 diary have supported the case and taken the name of the petitioner. The police have mentioned about the postmortem in paragraph 18 of the case diary wherein the Doctor has opined the cause of death due to haemorrhage and shock and also due to injury on right lung leading to C.R. failure. It further appears from the impugned order that the investigation is still going on. In such circumstances, this Court is not inclined to grant bail to the petitioner.

The prayer for bail of the petitioner is rejected. The petitioner is at liberty to renew his prayer for bail before the Sessions Judge, Bhabua (Kaimur) after submission of charge sheet which shall be disposed of by the court below in accordance with law without being prejudiced by the order of this Court.

(Sanjay Priya, J) S.Ali/- U T