Patna High CourtCR. MISC./51438/2018dismissed

Dhurendra @ Dinesh Soni @ Dinesh Kumar v. The State Of Bihar

2018-10-31Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51438 of 2018 Arising Out of PS.Case No. -67 Year- 2018 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Dhurendra @ Dinesh Soni @ Dinesh Kumar S/o Sri Shambhu Soni, R/o Vill.- Chanpatia, Ward No. 1, Dhath Chowk, P.S.- Chanpatia, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Adv. For the Opposite Party/s : Smt Indu Kumari Srivastava, APP For the Informant : Mr. Sanjay Kumar No.7, Adv.

Mr. Anant Kumar Mishra, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-10-2018 The petitioner is in custody since 09.05.2018 in connection with Chanpatia P.S. Case No. 67 of 2018, registered for offences punishable under Sections 302, 323/34 of the Indian Penal Code.

Allegation against the petitioner is of assault by lathi on back portion of head to the deceased due to which he succumbed to the injury.

Submission of learned counsel for the petitioner is that there was land dispute and previous enmity between the parties and deceased died in some other manner and only to take advantage of the situation, this present false case has been filed.

Patna High Court Cr.Misc. No.51438 of 2018 (3) dt.31-10-2018 2/2 Further submission is that there is delay in lodging the F.I.R. and the petitioner has no criminal antecedents and he is in judicial custody since 09.05.2018.

Heard learned A.P.P. as well as learned counsel for the informant, they have opposed the prayer for bail of the petitioner stating that the direct allegation of assault is against the petitioner on the head, which is a vital part of the body and post mortem report also shows that the death occurred due to head injury. Having heard both sides and considering the aforementioned facts and circumstances, I am not inclined to grant bail to the petitioner. Accordingly, this application is dismissed. However, learned Trial Court is directed to expedite the commitment of the case as well as the trial of the case. (Vinod Kumar Sinha, J) sunil/Amjad/- U T