Shankar Kumar Pandey @ Phool Babu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80183 of 2018 Arising Out of PS. Case No.-35 Year-2018 Thana- KAMTAUL District- Darbhanga ====================================================== Shankar Kumar Pandey @ Phool Babu, Son of Shiv Shankar Pandey, Resident of Village Sirhulli, P.S.- Kamtaul, District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Kumar Singh, Advocate.

For the Opposite Party/s :

Dr. Mrityunjaya Kr. Gautam, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-02-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Kamtaul P.S. Case No. 35 of 2018, instituted for the offence under Section(s) 341, 342, 323, 307 and 302/34 of the Indian Penal Code pending in the court of learned Sub Divisional Judicial Magistrate, Darbhanga.

It is alleged in the written report that on the date of occurrence petitioner along with three other accused persons brutally assaulted the husband of informant with lathi, danda, bricks, iron rod etc. causing heavy bleeding on his person. He was immediately taken to Hospital from where he was referred to DMCH and, thereafter seeing the critical condition, he was referred to PMCH, but he died in the way to Patna. It is further

Patna High Court Cr.Misc. No.80183 of 2018(3) dt.05-02-2019 2/2 alleged that accused persons also assaulted the informant and her son.

Case diary has been received.

Post mortem report is available in the case diary from which it appears that husband of the informant (since deceased) had sustained multiple injuries on his head and other parts of the body.

Therefore, this Court is not inclined to grant bail to the petitioner at this stage.

Prayer of the petitioner for grant of bail stands rejected.

The trial court is directed to expedite the trial and make efforts to conclude the same as early as possible. (Sanjay Priya, J) S.Ali/- U T