Kailu Paswan @ Shaka v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54363 of 2021 Arising Out of PS. Case No.-204 Year-2020 Thana- DEEPNAGAR District- Nalanda ====================================================== Kailu Paswan @ Shaka S/O Late Sri Paswan R/O Village - Jorarpur, P.S. - Deepnagar, District - Nalanda.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Raj Kishor Prasad, Advocate For the Opposite Party :
Mr.Umanath Mishra, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-01-2022 Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in registered for the offences punishable under sections 341,323,302/34,504 of the Indian Penal Code.
As per the prosecution case, petitioner assaulted with iron rod on the head of the informant's wife who died during course of treatment.
Learned counsel for the petitioner submits that there is no repetition of hurling blow with iron rod on the head of the victim. Petitioner is neighbourer of the informant. Petitioner has got clean antecedent as stated in paragraph 3 of the bail petition. Petitioner is in custody since 17.7.2020. Similarly situated co-accused has already been allowed bail by a coordinate bench of this Court vide paragraph 15 of the bail petition.
Patna High Court CR. MISC. No.54363 of 2021(3) dt.28-01-2022 2/2 Learned counsel for the State opposes the prayer for bail and submits that there is direct allegation on the petitioner of giving fatal blow to the victim causing her death. Post mortem report also opines that the victim died of head injury. Considering the nature of accusation against the petitioner, his prayer for bail is refused.
(Prabhat Kumar Singh, J) shashi/- U T