Yogendra Mandal @ Jogendra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55836 of 2018 Arising Out of PS. Case No.-60 Year-2018 Thana- RAJNAGAR District- Madhubani ====================================================== Yogendra Mandal @ Jogendra Mandal S/o Mahavir Mandal, R/o Vill.- Maurahi, P.S.- Rajnagar, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav For the Opposite Party/s :

Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Raj Nagar P. S. Case No. 60 of 2018 instituted for the offence under Section(s) 341, 323, 504 and 506/34 of the IPC. Later on, Section 302 of the IPC was added.

In the written report, it is alleged that this petitioner assaulted the husband of the informant with 'Fatta' on his head causing head injury on account of which he fell down on the ground. The informant went to save her husband then this petitioner assaulted with 'Fatta' on the neck of informant. Learned counsel for the petitioner has submitted that there was no any intention on the part of petitioner to assault the deceased. The occurrence has taken place at the spur of the

Patna High Court Cr.Misc. No.55836 of 2018(4) dt.22-11-2018 2/2 moment due to minor altercation.

Case diary has been received, wherein, the postmortem report of the deceased is available.

Learned APP after looking into the case diary has submitted that further statement of the informant was recorded at para 4 of the case diary, wherein, she has supported the case and levelled specific allegation against this petitioner of assaulting her husband with 'Fatta' on his head. The doctor, in the postmortem report, has found the cause of death due to injury on head. Learned counsel for the informant has appeared and opposed the prayer for bail. He has submitted that informant in the further statement has supported the case which also get corroboration from the postmortem report.

Therefore, this Court is not inclined to grant bail to the petitioner at this stage. The prayer for bail of the petitioner stands rejected.

Trial Court is directed to expedite the trial. (Sanjay Priya, J) shyambihari/- U T