Kamal Deo Raut @ Kapil Deo Raut @ Kapal Deo Raut v. The State Of Bihar
Patna High Court Cr.Misc. No.53685 of 2015 (3) dt.18-01-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53685 of 2015 Arising Out of PS.Case No. -34 Year- 2015 Thana -ANDHRAMATH District- MADHUBANI ====================================================== Kamal Deo Raut @ Kapil Deo Raut @ Kapal Deo Raut Son of Late Ram Deo Raut Resident of Village - Bajuband, Police Station - Andhramath, District - Madhubani.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Prasad For the Opposite Party/s : Mr. Zainul Abedin (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-01-2016 Heard learned counsel for the petitioner and learned counsel representing the State.
Petitioner seeks bail in connection with Andhramath P.S. Case No. 34 of 2015 registered for the offence under Sections 302/34 of the Indian Penal Code.
Allegedly, in the occurrence the petitioner assaulted with handle of hand pump to Nilu Devi, the daughter of the informant, on her abdomen resulting she fell down and later on died during treatment.
Submission is of false implication and that no offence under Section 302 I.P.C. is not made out, there was no intention to commit murder, during investigation the witnesses have stated that
Patna High Court Cr.Misc. No.53685 of 2015 (3) dt.18-01-2016 the petitioner assaulted with iron mussel and medical evidence also does not corroborate the prosecution version. The petitioner is in custody since 08.07.2015 having no criminal antecedent. Learned A.P.P. opposes the prayer of bail.
In the facts and circumstances stated above, considering that the petitioner is the assailant and as such this court is not inclined to enlarge the petitioner on bail, accordingly, his such prayer stands rejected.
(Jitendra Mohan Sharma, J) avin/- U T