Dilip Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42790 of 2022 Arising Out of PS. Case No.-257 Year-2021 Thana- SANGRAMPUR District- Munger ====================================================== DILIP RAJAK Son of Late Karu Rajak Resident of village - Kahua, P.S.- Sangrampur, District - Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Awnish Kumar, Advocate For the Opposite Party/s :

Mr.Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Sangrampur PS case no. 257 of 2021 instituted for the offences punishable under Sections 447, 448, 302, 379/34 of the Indian Penal Code.

The case of the prosecution in brief is that the informant namely Hareram Chaudhary was sprinkling water in his field on 06.10.2021 at about 12 in the afternoon, when the co-villager namely Dilip Rajak i.e. the petitioner herein started creating trouble, hence, the informant fled away and went to his home. Nonetheless, the petitioner along with other co-accused persons, armed with various weapons, had

Patna High Court CR. MISC. No.42790 of 2022(3) dt.12-01-2023 2/3 forcibly entered into the house of the informant and started assaulting the mother of the informant. It is further alleged that the accused persons had also assaulted the informant and as far as the petitioner is concerned, he had assaulted the mother of the informant on the back of her head, resulting in her becoming unconscious, whereafter, she had died subsequently.

The learned counsel for the petitioner submits that the petitioner is innocent, has been falsely implicated in the present case, he is having a clean antecedent and is languishing in custody since 07.04.2022. The learned counsel for the petitioner has further submitted that the inquest report and post mortem report would show that the mother of the informant had died on account of her falling down on the ground and hitting a brick.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail and has submitted, by referring to the case diary, the inquest report and the post mortem report, that the contention of the petitioner is not only incorrect but also falicious, inasmuch as the inquest report/ post mortem report clearly shows that the mother of the informant had died on account of being hit on the back of the

Patna High Court CR. MISC. No.42790 of 2022(3) dt.12-01-2023 3/3 head by brick and on account of shock and haemorrhage as also injuries inflicted on vital organ i.e. brain, thus, the complicity of the petitioner is writ large from the records. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the materials available in the case diary, this Court finds that there are ample materials in the case diary to prima facie show the complicity of the petitioner in the alleged crime and it is apparent that the petitioner had assaulted the mother of the informant on the back of her head, resulting in her death, which also stands corroborated from the inquest report and post-mortem report, hence, I am not inclined to grant bail to the petitioner, thus, the present petition stands dismissed.

(Mohit Kumar Shah, J) rinkee/- U T