Patna High CourtCR. MISC./56520/2017rejected

Bechan Sharma v. The State Of Bihar

2018-01-09Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56520 of 2017 Arising Out of PS.Case No. -382 Year- 2016 Thana -CHHATAPUR District- SUPAUL ====================================================== Bechan Sharma, son of Late Dhanai Sharma, Resident of Village- Katahara, Police Station- Chhatapur, District- Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamlendra Pd. Singh For the Opposite Party/s : Mr. Sri Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-01-2018 Heard the counsels for the parties.

The petitioner seeks bail in connection with Chhatapur P.S. Case No. 382 of 2016 dated 26.12.2016 instituted for the offences under Sections 302, 341, 323, 324, 307, 504, 506, 34 of the Indian Penal Code.

The petitioner is uncle of the deceased. It has been alleged in the F.I.R that the father of the deceased as well as his two brothers who are the uncles of the deceased were abusing the informant who is the brother of the deceased. When the deceased came and stopped them from abusing, the petitioner is said to have dashed the deceased on ground and thereafter he is further alleged to have given Bhala blow, leading to the death of the deceased.

Patna High Court Cr.Misc. No.56520 of 2017 (3) dt.09-01-2018 2/2 It has been submitted on behalf of the petitioner that between the father and son (deceased), there has been a dispute and the father has sworn an affidavit that while the parents of the deceased were being assaulted by the deceased, an attempt was made to rescue themselves in which the deceased accidently died.

However, considering the allegations levelled against the petitioner of being the author of the fatal injury, this Court is not inclined to grant bail to him.

The prayer for bail of the petitioner is rejected, for the present.

(Ashutosh Kumar, J) Shageer/- U T