Manoj Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4497 of 2021 Arising Out of PS. Case No.-87 Year-2020 Thana- NASRIGANJ District- Rohtas ====================================================== Manoj Chaudhary S/O- Late Surendra Chaudhary R/O Village-Paruri, Police Station-Nasriganj, Dist.- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :Mr. Sanjay Kumar Tiwary, Advocate For the Opposite Party/s :

Dr. Ajit Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-06-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Nasriganj P.S. Case No. 87 of 2020 registered under sections 302, 341, 323, 325, 504 and 506 of the Indian Penal Code.

As per allegation in the F.I.R., it is stated by the informant that over a dispute relating to partition in the family, her elder son started to abuse and assault her with Lathi and on her husband intervening, he too was assaulted on his head leading to his death.

It is submitted by learned counsel for the petitioner that the allegations as levelled in the F.I.R. are incorrect. It was as a result of some family dispute between the two brothers that

Patna High Court CR. MISC. No.4497 of 2021(3) dt.29-06-2021 2/2 an unfortunate accident took place on the parents intervening resulting in the injuries to them. It is submitted that the petitioner is in custody since 3.6.2020 and has no criminal antecedent.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and on perusal of the case diary which was called for, it transpires that the injury report of the informant and the postmortem report of the deceased, who are the mother and father of the petitioner, have been incorporated in paragraph nos.35 and 32 of the case diary respectively.

Taking into consideration the direct allegations against the petitioner which is supported by the injury report as also the postmortem report, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. Learned trial Court is directed to expedite the trial. (Partha Sarthy, J) Bibhash U T