Patna High CourtCR. MISC./47594/2014dismissed

Ram Rekha Paswan v. The State Of Bihar

2015-03-20Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47594 of 2014 Arising Out of PS.Case No. -83 Year- 2014 Thana -GOVINDGANJ DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Ram Rekha Paswan Son of Dhanraj Hajra, Resident of village- Khajuria, P.S. Govindganj, District East Champaran

2. Ram Rekha Paswan Son of Dhanraj Hajra, Resident of village- Khajuria, P.S. Govindganj, District East Champaran .... .... Petitioner/s

Versus

1. The State of Bihar

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

For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. H.A. Khan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-03-2015 Heard both sides.

The petitioner seeks bail in Govindganj P.S. Case No. 83/2014 registered for the offence under Sections 323, 302 and other sections of the Indian Penal Code.

The informant named six persons and alleged that they all assaulted his nephew, Chandan Kumar, with fists and slaps. The learned counsel for the petitioner submits that there is omnibus and general allegation of assault that too with fists and slaps and petitioner has already remained in jail since 06.08.2014.

On perusal of the record, it appears that all the six persons brutally assaulted Chandan Kumar. The post-mortem

Patna High Court Cr.Misc. No.47594 of 2014 (3) dt.20-03-2015 2/2 report shows that the deceased got fracture injuries on his chest, head and face. It appears that the deceased was brutally smothered to death. Hence, I am not inclined to enlarge the petitioner on bail at this stage. Accordingly the same is rejected. The trial court is directed to expedite the trial and conclude the same within nine months from the date of receipt/production of a copy of this order, if the trial is not concluded within the stipulated period, the petitioner may move his prayer for bail firstly in the trial court.

(Prabhat Kumar Jha, J) Vinita/- U T