Md. Riyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28493 of 2016 Arising Out of PS.Case No. -7 Year- 2016 Thana -BISFI District- MADHUBANI ====================================================== Md. Riyaz son of late Hadish, Resident of village Basbariya, P.S. Bisfi, District Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 10-11-2016 Heard learned counsel for the petitioner and Mr. Dayal APP for the State.

The petitioner is facing prosecution under Sections 341, 323, 304 and 504/34 of the IPC vide Bisfi P.S. case no. 7/2016.

While the younger brother of the informant was playing card with co-accused including the petitioner, it is alleged that, on scuffle, the other players including the petitioner started assaulting the deceased. Petitioner is specifically alleged to have assaulted on the testicle of the deceased. In course of carrying him to the hospital the victim died.

It is submitted that there was no intention on the part of the petitioner to commit the offence. If at all it happened, the same happened on the spur of the moment.

Patna High Court Cr.Misc. No.28493 of 2016 (4) dt.10-11-2016 2/2 On going through the relevant materials, in my view, this may be a case for grant of regular bail but not a fit case for grant of anticipatory bail.

Rejected.

(Kishore Kumar Mandal, J) Shyam/- U T