Mukesh Kumar @ Mukesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74077 of 2019 Arising Out of PS. Case No.-14 Year-2019 Thana- MAIGRA District- Gaya ====================================================== Mukesh Kumar @ Mukesh Ram, Son of Nageshwar Ram, Resident of Village- Vikua, P.S.- Maigra, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh, Advocate.

For the Opposite Party/s :

Mr.Rana Randhir Singh, APP For the Informant Mr. Ujjawal Kr. Singh, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-03-2020 Heard learned counsel for the petitioner, learned counsel for the informant and the learned A.P.P. for the State. The petitioner is accused in connection with Maigra P.S. Case No. 14 of 2019, registered under Sections 147, 148, 149 and 302 of the Indian Penal Code, pending in the court of J.M. Ist Class, Sherghati, Gaya.

The accusation is that while Suhila Devi, wife of the informant, Kamlesh Ram, was in the field in the morning of 27.03.2019, at that time, Mukesh Ram (petitioner), Bablu Ram, Rupesh, Nagesdhwar Ram and Kamla Devi along with five others reached there and all of sudden, Mukesh Ram (petitioner) gave spade blow at the head of his wife, Sushila Devi and others also caused assault through lathi and Khanti to his wife. When

Patna High Court CR. MISC. No.74077 of 2019(4) dt.17-03-2020 2/2 the informant reached there to save his wife then he was also assaulted by them. Thereafter, his wife was rushed at Primary Health Centre, Imamganj, where she declared dead. Learned counsel for the petitioner submits that petitioner and the informant are agnates and due to land dispute, occurrence took place but there was no intention to commit the murder of deceased, Sushila Devi, wife of the informant. On the other hand, learned A.P.P. assisted by the learned counsel for the informant submits that there is specific allegation against the petitioner to gave spade blow at the head of wife of the deceased and in the postmortem report, five injuries were found on the head of the deceased, wife of the informant.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant bail to the petitioner. Accordingly, his prayer for grant of bail stands rejected.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T