Santosh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.296 of 2017 Arising Out of PS.Case No. -122 Year- 2016 Thana -EKMA District- SARAN ====================================================== Santosh Mahto, S/o Ram Chandra Mahto, resident of Village- Bhundhari, P.S. Ekma, District- Saran at Chapra.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dewendra Narayan Singh For the Opposite Party/s : Mr. Sri Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-03-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Ekma P.S. Case No.122 of 2016 instituted for the offence under Section 302 and 34 of the Indian Penal Code.

It is alleged in the written report that this petitioner assaulted the mother of the informant on head with wooden log of the cot, on account of which, she sustained injury and became unconscious. Thereafter, she was brought to Primary Health Centre for treatment where she was declared dead. Learned A.P.P. has submitted that all the witnesses in the case diary have levelled specific allegation against this petitioner. The doctor has found in the post-mortem report a lacerated wound in right parietal region bone deep. On dissection

Patna High Court Cr.Misc. No.296 of 2017 (4) dt.06-03-2017 2/2 fracture of right parietal was found along with clotted blood in cavity.

Learned A.P.P. further submitted that in inquest report also injury on the head has been found. In such circumstances, the petitioner is the main assailant in this case. Therefore, this court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected.

(Sanjay Priya, J) Ravi/- U T