In a criminal miscellaneous petition for anticipatory bail, the Patna High Court rejected the prayer. The court held that the allegations of assault by the petitioner caused injuries contributing to the victim's death, precluding bail.
Prayer for anticipatory bail rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29381 of 2017
Arising Out of PS.Case No. -80 Year- 2016 Thana -MAJHAHGARH District- GOPALGANJ
====================================================== Deepak Manjhi, S/o Prabhu Manjhi, R/o Village-Bhaisahi, P.S. Manjhagarh, Dist. Gopalganj.
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Sharma For the Opposite Party/s : Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER
2 01-07-2017 Heard the learned counsel for the petitioner and APP for
the State.
The petitioner apprehending his arrest in connection with Manjha Garh P.S. Case No. 80 of 2016 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.
The informant has alleged that on the date of occurrence, when her husband returned from the sister’s home and parked his motorcycle at the door, he saw one Prabhu Manjhi abusing his father. He raised protest, whereupon the wife of Prabhu Manjhi came out of her house with a spear. She gave spear to her husband and ordered to kill him. Thereafter, Prabhu Manjhi gave a spear blow at the abdomen of the informant’s husband as a result of which he sustained injuries and fell down.
Patna High Court Cr.Misc. No.29381 of 2017 (2) dt.01-07-2017
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Thereafter this petitioner allegedly assaulted her husband on the head and chest by means of lathi. On the alarm of the informant, the villagers assembled and thereafter the victim was rushed to the hospital, where, in course of treatment, he died.
Learned counsel for the petitioner submits that on the date of occurrence, he was not in the village. The allegation of causing spear injury is against the father of the petitioner which finds support from the autopsy report also. There is no such injury to connect the assault by lathi. It was also submitted that the mother of this petitioner Chinta Devi has been allowed anticipatory bail by a co-ordinate Bench of this Court vide order dated 18.01.2017 passed in Cr. Misc. No. 1649 of 2017.
Learned APP, on the other hand, opposed the submissions.
On perusal of F.I.R. and annexures available on records, I find that this petitioner is named in the F.I.R. and allegation is that when the victim fell down after sustaining spear injury, this petitioner assaulted on his head and chest by means of lathi. On perusal of the autopsy report, I find that besides injury on head, the deceased sustained fracture injuries on right side 5th and 6th ribs. The right lung and pleura were punctured. The cause of death is hemorrhage and shock due to said injuries.
Patna High Court Cr.Misc. No.29381 of 2017 (2) dt.01-07-2017
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Considering the allegations of assault by this petitioner,
I am not inclined to enlarge him on anticipatory bail. The prayer is rejected.
(Sanjay Kumar, J)
rohit/-
U T
1 issue framed by the court
Whether the petitioner should be granted anticipatory bail given the allegations of assault with a lathi.
1 provisions across 1 enactments
Deepak Manjhi
The State of Bihar
Sanjay Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
