Ashok Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6376 of 2017 Arising Out of PS.Case No. -25 Year- 2016 Thana -KHAIRA District- SARAN ======================================================

1. Ashok Prasad Son of Late Baijnath Sah, Resident of Village-Affaour, P.S. Khaira, Distt.-Saran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-04-2017 Heard the parties.

This application is for grant of bail in connection with Khaira P.S.(Nagara O.P.) Case No.25 of 2016 for the offence under Sections 304(B), 201 and 34 of the Indian Penal Code. It is submitted on behalf of the petitioner that as a matter of fact, she died at Muzaffarnagar and not at Chapra. She was under treatment and due to respiratory failure, she died. The other coaccused persons have been granted anticipatory bail. Heard learned A.P.P. also, who has opposed the prayer for bail, stating that it has come in the case diary that earlier also the deceased was assaulted and tortured and for that a case was earlier lodged and again such incident took place. The dead body of the deceased was dispose of.

Patna High Court Cr.Misc. No.6376 of 2017 (3) dt.03-04-2017 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner at this stage, however, the petitioner is directed to make prayer before the court concerned itself after framing of the charge, who will consider entire materials available in the case diary and will pass appropriate order With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U