Kamlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80801 of 2024 Arising Out of PS. Case No.-159 Year-2024 Thana- MOHANPUR District- Gaya ====================================================== Kamlesh Kumar S/O Late Indri Manjhi @ Indi Manjhi Resident of VillageKenari, P.S. Mohanpur, District- Gaya, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh, Advocate For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-11-2024 Heard the parties.

2. The petitioner is in custody in connection with Barachatti (Mohanpur) P.S. Case No. 159 of 2024 for the offence under Section 103 of the Bharatiya Nagrik Suraksha Sanhita, 2023 lodged on 12.07.2024 by the informant, Kanti Devi.

3. As per the prosecution story, the informant alleged that when her husband came to house, her son Kamlesh Kumar (petitioner herein) assaulted repeatedly with griddle (tawa) which caused the death of her husband. Accordingly, the FIR.

4. The informant lady is the wife of the deceased as also the mother of the petitioner. It cannot be expected that she will make a false allegation against her own son. The F.I.R. is in short and clearly shows that when the husband of the informant

Patna High Court CR. MISC. No.80801 of 2024(2) dt.25-11-2024 2/2 arrived, her son (petitioner) assaulted repeatedly with griddle (tawa) on his body, which ultimately proved fatal, in that background, this Court is not inclined to extend him any relief for the present.

5. Accordingly, the bail application stands rejected. (Rajiv Roy, J) Amandeep/- U T