Dismissed

Ram Binay Sah v. The State Of Bihar

Patna HC16 Oct 2015CR. MISC./28164/2015

Case brief

AI extract

What is this about?

This order dismissed bail applications filed by three petitioners accused of murder, assault, and affray under various sections of the Indian Penal Code. The court rejected the bail plea due to specific allegations of brutality resulting in the death of the informant's daughter-in-law, despite the bail of one co-accused.

What did the court decide?

Bail prayers of the petitioners were rejected and dismissed.

Ram Binay Sah Vs The State Of Bihar — Murder and Culpable Homicide | Patna HC (2015)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27948 of 2015

¶2

Arising Out of PS.Case No. -134 Year- 2014 Thana -PARSAUNI District- SITAMARHI ====================================================== 1. Bindu Devi wife of Ram Vinay Shah 2. Chandan kumar Son of Ram vinay Shah Both Resident of village Hanuman Nagar Police Station- Parsauni, District Sitamarhi, .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.28164 of 2015

¶3

Arising Out of PS.Case No. -134 Year- 2014 Thana -PARSAUNI District- SITAMARHI ====================================================== 1. Ram Binay Sah S/o Late Ram Sewak Sah Resident of Village Hanuman Nagar, P.S. Parsauni, District Sitamarhi.

¶4

.... .... Petitioner/s Versus

¶5

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.27948 of 2015) For the Petitioner/s : Mr. Ravi Ranjan For the Opposite Party/s : Mr. Amrendra Prasad (App) (In Cr.Misc. No.28164 of 2015) For the Petitioner/s : Mr. Ravi Ranjan For the Opposite Party/s : Mr. J.N. Thakur (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 3 16-10-2015 Both the Criminal Misc. cases are of the same occurrence and as such, have been heard together and are being disposed of by this common order. Heard learned counsel for the petitioners and learned A.P.P. representing the State.

¶6

Patna High Court Cr.Misc. No.27948 of 2015 (3) dt.16-10-2015

¶7

2/3

¶8

Petitioners seek bail in connection with Parsauni P.S. Case No. 134 of 2014 registered for the offences punishable under Sections 147, 148, 149, 323, 307, 302 and 504 of the Indian Penal Code.

¶9

Allegedly the petitioners and other co-accused alongwith 4-5 un-known being armed with Lathi, Danda, Mungri and Farsa came and surrounded the informant and started assaulting him. The petitioner Ram Binay Sah gave Farsa blow on his head and when Kanti Devi, the daughter-in-law came for rescue, all the three petitioners caught her hair and took away in the house where they assaulted her with lathi, danda, bricks, stone and mungri and due to alarm being raised, nearby persons assembled there, then the informant and his daughter-in-law were brought to Sadar Hospital, Sitamarhi and from there she was referred to S.K.M.C.H., Muzaffarpur and from there to P.M.C.H., Patna and in the way, Kanti Devi, daughter-in-law of the informant succumbed to the injuries.

¶10

Submission is of false implication and that against the petitioners there is no specific allegation. Co-accused Akali Devi has been granted bail vide order dated 10.08.2015 passed in Criminal Misc. No. 14748 of 2015 by another co-ordinate Bench of this Court and, as such, the petitioners also deserve sympathetic

¶11

Patna High Court Cr.Misc. No.27948 of 2015 (3) dt.16-10-2015

¶12

3/3

¶13

consideration to which the learned A.P.P. opposes by submitting that against these three petitioners, there is specific allegation that they caught the daughter-in-law of the informant when she came for rescue and after bringing her in the house all assaulted brutally, causing her death.

¶14

In the facts and circumstances stated, considering the specific allegation attributed against the petitioners, this Court is not inclined to enlarge the petitioners on bail and accordingly, such prayer stands rejected.

¶15

(Jitendra Mohan Sharma, J)

¶16

sushma/-

¶17

U T

Ram Binay Sah v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Ram Binay Sah 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

Parties & counsel

Coram

Case details

Similar cases

Chandu Bhuiayan Vs The State Of Bihar

Bajrangi Kumar Vs The State Of Bihar

Shabir Ahmad Vs The State Of Bihar

Dipali Devi and Ors. Vs The State Of Bihar

Krishna Prasad Vs The State Of Bihar

Randhir Mahto Vs The State Of Bihar