Patna High CourtCR. MISC./16147/2015dismissed

Mahadeo Thakur v. The State Of Bihar

2015-07-06Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16147 of 2015 Arising Out of PS.Case No. -307 Year- 2013 Thana -MOTIPUR District- MUZAFFARPUR ====================================================== Mahadeo Thakur son of Late Govind Thakur, Resident of village- Pana Chhapra, P.S.- Motipur, District- Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Neeraj Kumar @ Sanidh For the Opposite Party/s : Mrs. Pushpa Sinha 2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-07-2015 Heard both sides.

The petitioner apprehends his arrest in a case under Section 302 and other sections of the Indian Penal Code. Some altercations took place when Jitendra Rai came to enquire from Brahmdeo Thakur about shifting of the ridge of the land. Brahmdeo Thakur assaulted Jitendra Rai with Tengari. Again while the informant was going to purchase vegetables from Mahna Chawk, he saw that Brahmdeo Thakur, Mahadeo Thakur (the petitioner), Jai Singh, Vibhuti Singh, Raghubansh Singh assaulted Jitendra Rai with Tengari, Basuli and Pata. It is submitted that, of course, four injuries are found on the person of Jitendra Rai, but no injury is caused by any sharp-edged weapon. There is a counter-version vide Complaint Case No. 2046/2013. It appears that the petitioner and others are alleged to

Patna High Court Cr.Misc. No.16147 of 2015 (3) dt.06-07-2015 2/2 have assaulted Jitendra Rai with different weapons. Three injuries on the person of the deceased are found to be lacerated wound and one injury is bruise. The doctor has opined that the deceased died due to shock and haemorrhage and the injuries were caused by hard and blunt substance.

Having had the fact that the petitioner is also alleged to have assaulted the deceased causing his death, I am not inclined to enlarge the above named petitioner on anticipatory bail in Motipur P.S. Case No. 307/13. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) Dilip/- U T