Patna High CourtCR. MISC./16704/2018rejected

Surendra Kumar Sharma v. The State Of Bihar

2018-05-03Mr. Justice Madhuresh Prasad2 pages

Patna High Court Cr.Misc. No.16704 of 2018 (3) dt.03-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16704 of 2018 Arising Out of PS.Case No. -91 Year- 2017 Thana -RIVILGANJ District- SARAN ====================================================== Surendra Kumar Sharma, son of Shri Ram Pravesh Sharma, resident of Village- Natwar Semariya, Police Station- Revelganj, District- Saran (Chapra) .... .... Petitioner

Versus

The State of Bihar. .... .... Opposite Part ====================================================== Appearance :

For the Petitioner : Mr. Sachida Nand Rai, Advocate For the Opposite Party : Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 03-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is an accused in a case registered for offence under sections 341, 323, 324, 307,504,506,302/34 IPC. Learned counsel for the petitioner submits that the informant (the deceased) has alleged that the petitioner assaulted her with knife on her left side of chest, below neck and abdomen. He submits that the petitioner is nephew of her husband and there was enmity between the petitioner and her husband over a piece of land. The post mortem report does not supports the injuries alleged in the FIR. The Fard beyan was lodged after delay of two days.

The inquest report contained in paragraph 40 of the case diary shows that there was knife injury on the body of the

Patna High Court Cr.Misc. No.16704 of 2018 (3) dt.03-05-2018 victim, referred to in the Fard beyan since the informant was initially under treatment. Husband of the informant in his statement recorded in the PMCH on27.4.2017 has supported the allegation against the petitioner.

Considering the aforesaid submissions and the fact that the husband of the deceased has also supported the allegation, this Court is not inclined to grant bail to the petitioner for the present. The prayer for bail of the petitioner is rejected. (Madhuresh Prasad, J) Shashi.

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