Rohit Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4024 of 2024 Arising Out of PS. Case No.-265 Year-2022 Thana- PHULPARAS District- Madhubani ====================================================== Rohit Kamat Son of Vijay Kamat Village- Mehna, P.S.- Phulparas, DistrictMadhubani ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Surendra Ram Son of J.C. Ram R/O Vill.- Mehna, P.S.- Phulparas, Dist.- Madhubani ... ... Respondent/s ====================================================== Appearance :

For the Appellant :

Mr. Vasant Vikas, Advocate Ms. Kumari Nitu, Advocate For the State :

Mr. Usha Kumari 1, SPP For the Informant :

Mr. Ramechandra Jha Raman, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 29-11-2024 Heard learned counsel for the Appellant, learned Special Public Prosecutor for the State and learned Counsel for the Respondent no.2/Informant.

2. The present appeal has been preferred against the impugned order dated 24.07.2024 passed in G. R. No. 68 of 2022 arising out of Phulparas P.S. Case No. 265 of 2022 by Ld. Additional Sessions Judge-Ist-cum-Special Judge, Madhubani whereby Ld. Trial Court has dismissed the application of the appellant for regular bail.

3. As per allegation as emerging from the fardebyan of the informant is that the Appellant alongwith other accused persons abused the informant and his family members by taking

Patna High Court CR. APP (SJ) No.4024 of 2024(4) dt.29-11-2024 2/3 their caste name and assaulted them. It is further alleged that the petitioner caused grievous injury to Ruchi Kumari by Tangari resulting into her death.

4. Learned counsel for the Appellant submits that the Appellant is innocent and has falsely been implicated in this case. He further submits that there was no intention on the part of the appellant to cause death of the victim. Even as per the FIR, the assault was made to mother of the deceased and accidentally Tangari hit the child. He also submits that the Tangari was not being carried by the appellant from his house, in fact, he got the Tangari from the place of occurrence itself, which also shows that appellant had no intention to commit the offence. He also submits that there is a land dispute between the parties and two criminal cases have been lodged by the wife of the informant against the appellant and his family members. The appellant is 25 years young boy.

5. However, the learned APP for the State as well as learned counsel for the Informant vehemently oppose the prayer of the appellant for bail submitting that it is the appellant who had caused death of the 10 years old victim causing grievous injury by Tangari and he has also abused the informant and his family members by using the caste name "Chamar". As such,

Patna High Court CR. APP (SJ) No.4024 of 2024(4) dt.29-11-2024 3/3 the allegation against the appellant is serious in nature and hence, there is no illegality and infirmity in the impugned order whereby the appellant has been denied bail.

6. Considering the fact that it is the appellant who has caused the death of 10 years old innocent child by means of Tangari, I am not persuaded to enlarge the appellant on bail.

7. Accordingly, the present appeal stands dismissed. (Jitendra Kumar, J.) ramesh/S. Ali/- U T