Patna High Court/9797/2021bail rejected

Ram Narayan Singh v. The State Of Bihar

2021-08-23Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9797 of 2021 Arising Out of PS. Case No.-105 Year-2020 Thana- MADHEPUR District- Madhubani ====================================================== RAM NARAYAN SINGH SON OF PALAT SINGH R/O VILLAGEPACHAHI (KORIYANI), P.S.- MADHEPUR, DISTRICT- MADHUBANI. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Prasad For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-08-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 302/34 of the Indian Penal Code.

As per the prosecution case, on 16.07.2020 at about 8 AM this petitioner along with other accused persons, armed with bamboo stick came and started abusing the husband of informant. On protest, co-accused Palat Singh ordered to kill the husband of informant upon which this petitioner assaulted her husband with Lathi on his head and the husband of informant fell down. It is further alleged that other accused persons also assaulted the husband of informant with Lathi and Danda. The husband of informant was taken to hospital but in the way he died.

Patna High Court CR. MISC. No.9797 of 2021(4) dt.23-08-2021 2/2 Learned counsel appearing for the petitioner submits that there is case and counter case between the parties. The occurrence took place due to land dispute in which both side sustained injuries. There was no intention to kill the husband of informant. The post mortem report disclosed that the deceased received one head injury and death is due to shock and hemorrhage caused by hard and blunt object. Petitioner is in custody since 18.07.2020 and investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail and submits that there is direct and specific allegation against this petitioner of assaulting husband of informant by Lathi as a result of which he died. Considering the nature of allegation made against the petitioner and gravity of offence, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) BKS/- U T