Budhan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53830 of 2018 Arising Out of PS.Case No. -23 Year- 2018 Thana -RISIYAP District- AURANGABAD ======================================================

1. Budhan Paswan Son of Abhilakh Paswan resident of Village - Badhka Gawn, P.S. - Risiup, District - Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-11-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Risiup P.S. Case No. 23/2018, instituted for the offences under Sections 341, 323, 324, 379 and 307/34 of the Indian Penal Code. Later on Section 302 of the Indian Penal Code was also added.

It is alleged in the written report that on 19.04.2018 at 6 A.M. mother of informant had gone to Khalihan for some work. She saw that her Goitha is traceless. She made noise. The wife of petitioner came out from house on such hue and cry and started abusing his mother. In the meantime, petitioner along with other accused persons armed with various weapons arrived and started assaulting his mother and father. The petitioner gave

Patna High Court Cr.Misc. No.53830 of 2018 (3) dt.02-11-2018 2/2 Khanti blow over head of father of informant on account of which he fell down and became senseless and subsequently he died. Case diary has been received in this case.

Injury report of the father of informant is available in case diary, wherein doctor has found one lacerated wound on the frontal bone of head and also on parietal head. Cause of death has been shown due to head injury.

There is specific allegation against the petitioner of assaulting father of informant on head with Khanti. In view of such, this Court is not inclined to grant bail to the petitioner at this stage. Accordingly, prayer for bail of petitioner is rejected.

Trial court is directed to expedite the trial. (Sanjay Priya, J.) Rakhi U T