Allowed

Gauri Kumar @ Gauri Shankar Prasad v. The State Of Bihar

Patna HC25 Jun 2015CR. MISC./18607/2015

Case brief

AI extract

What is this about?

This order grants bail to two petitioners accused of assault and SC/ST atrocities. The court considered that the deceased had alcohol in his stomach and injuries were from fists and slaps without external trauma, exonerating the accused from severe liability.

What did the court decide?

Petitioners enlarged on bail on furnishing bond of Rs.10,000 with two sureties of like amount.

Gauri Kumar @ Gauri Shankar Prasad Vs The State Of Bihar — Caste Atrocities | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18607 of 2015

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Arising Out of PS.Case No. -277 Year- 2014 Thana -CHANDI District- NALANDA (BIHARSHARIFF) ====================================================== 1. Gauri Kumar @ Gauri Shankar Prasad, S/o Sukhsagar Prasad, resident of village- Lachchhu Bigha, Police Station- Nagarnausa,District- Nalanda. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.7974 of 2015 Arising Out of PS.Case No. -277 Year- 2014 Thana -CHANDI District- NALANDA (BIHARSHARIFF) ====================================================== 1. Ramanand Prasad Son of Chandradeo Prasad resident of Village - Dyalpur, P.S. chandi District- Nalanda.

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.... .... Petitioner/s Versus 1. The State of Bihar

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.... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.18607 of 2015) For the Petitioner/s : Mr. Sunil Prasad For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) (In Cr.Misc. No.7974 of 2015) For the Petitioner/s : Mr. Syed Ehteshamuddin For the Opposite Party/s : Mr. Sadanand Paswan(Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER

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3 25-06-2015 Heard both sides. The petitioners seek their bail in a case registered under Section 307 and other sections of the IPC and Sections 3(i), (x) of S.C./S.T. (Prevention of Atrocities) Act.. The informant alleged that accused Ramanand Prasad came and took chakna and wine and on demand of money, all the three persons badly assaulted him, who succumbed to the injuries. Learned counsel for the petitioner submits that there is allegation

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Patna High Court Cr.Misc. No.18607 of 2015 (3) dt.25-06-2015

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2/2

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of assault with fist and slaps but no external or internal injury was found on the persons of the deceased.

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From perusal of the Post Mortem Report, it appear that the stomach of the deceased was filled with alcohol.

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Considering the facts that the petitioners are alleged to have assaulted with fist and slaps and no external or internal injury was found rather the stomach was filled with alcohol, both the petitioners, named above, are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Rashmi Prasad, Judicial Magistrate, Ist Class, Hilsa (Nalanda) in connection with Chandi P.S. Case No.277 of 2014.

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(Prabhat Kumar Jha, J)

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ahk/U T

Gauri Kumar @ Gauri Shankar Prasad v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Gauri Kumar @ Gauri Shankar Prasad v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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