Suraj Kumar Das @ Suraj Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87206 of 2019 Arising Out of PS. Case No.-191 Year-2019 Thana- PATORI District- Samastipur ====================================================== SURAJ KUMAR DAS @ SURAJ DAS, aged about 19 years, Male, Son of Umesh Das, Resident of Village- Rupali, P.S. Patori, Distt. Samastipur ... Petitioner

Versus

THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Mukesh Kumar No.1, Adv.

For the Opposite Party :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks bail in connection with Patori P.S. Case No. 191 of 2019, registered for the offences under Sections 302, 323, 324, 325, 34, 341 and 506 of the Indian Penal Code, pending in the Court of the Additional Chief Judicial Magistrate, IV, Samastipur.

The accusation is that Umesh Das, Jitendra Das, Manju Devi and Suraj Das (petitioner) were indulged in causing assault to Subodh Das due to domestic dispute. At that time, Dinesh Das, husband of the informant, Gita Devi, rushed for their rescue, then, Suraj Das (petitioner) gave iron rod blow at the head of Dinesh Das in which he sustained injury and became unconscious. When, Ram Kishun Das and Anil Das, cousin father-in-law and brother-in-law of the informant, rushed to save

Patna High Court CR. MISC. No.87206 of 2019(2) dt.18-01-2020 2/2 them, then, they were also assaulted through knife and iron rod. At that time, the petitioner gave the knife blow at the back of Anil Das and chest of Ram Kishun Das. Later on, Dinesh Das, husband of the informant, died in course of treatment. Submission is that due to family dispute occurrence of marpeet took place. The petitioner is said to cause head injury to deceased, Dinesh Das, and also gave knife blow to injured Ram Kishun Das and Anil Das on their chest and back and there was no intention to kill the husband of the informant. The petitioner is in custody since 10.06.2019.

Having regard to the facts and circumstances of the case, I am inclined to grant bail to the petitioner. The prayer for bail is rejected.

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