Dharmendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29457 of 2016 Arising Out of PS.Case No. -10 Year- 2015 Thana -PAWNA District- BHOJPUR ====================================================== Dharmendra Ram, Son of Late Mokhtar Ram, Resident of Village:- Pawana, P.S:- Pawana, District:- Bhojpur.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-09-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 302, 120B and 34 of the Indian Penal Code and Section 3(2) (v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

Allegation against the petitioner is that he stroke with a hammer on the head of nephew of the informant and other accused also gave chura blow to the deceased. The deceased died in course of treatment.

It has been submitted on behalf of the petitioner that he is in custody since 26.5.2015. Chargesheet has been submitted against the petitioner. No allegation of tampering of witnesses is alleged against the petitioner. Petitioner has been made accused due to mistake of fact. There is admitted political dispute between the parties.

On behalf of the State, it is submitted that petitioner is named in the F.I.R. There is direct allegation against the petitioner of causing injury on the head of the deceased. Post mortem examination report also supports the allegation made in

Patna High Court Cr.Misc. No.29457 of 2016 (4) dt.02-09-2016 2/2 the F.I.R.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner, same is rejected. Learned court below, Bhojpur at Ara, is directed to take all necessary steps to expedite the trial in connection with Pawna P. S. Case no. 10 of 2015.

(Sudhir Singh, J) sudip/- U T