Patna High Court rejected an oral bail petition filed by a son and daughter-in-law charged under sections 302 and 34 IPC. The court declined bail due to specific allegations of assault causing death.
Bail prayer stands rejected.
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Patna High Court Cr.Misc. No.30646 of 2018 (4) dt.05-07-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30646 of 2018
Arising Out of PS.Case No. -552 Year- 2017 Thana -MANIHARI District- KATIHAR
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Suresh Prasad Sah @ Baranwal For the Opposite Party/s : Md. Fahimuddin
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER
The petitioners seek regular bail in connection with Manihari P.S. Case No. 552 of 2017 registered for offence punishable under section 302/34 of the Indian Penal Code.
Petitioners are son and daughter-in-law of the deceased. It is alleged that these petitioners gave bamboo blow on the head of the victim as a result of which he fell down and lost his consciousness. The victim in course of moving to hospital died in the way. The witnesses have supported the allegation of assault by these petitioners. The petitioners and the deceased were residing in the same house. The witnesses in course of investigation have
stated that the petitioners used to torture the victim. In post
Patna High Court Cr.Misc. No.30646 of 2018 (4) dt.05-07-2018
mortem report, the doctor has mentioned cause of death due to injury sustained by the deceased.
Considering the specific allegation of assault by these petitioners resulting the death of deceased, I am not inclined to grant them bail. Their bail prayer stands rejected.
(Sanjay Kumar, J)
Mahesh/-
U T
1 issue framed by the court
whether the petitioners seeking bail should be granted bail given the serious nature of the charge and allegations against them.
Naresh Prasad Sah
Rekha Devi
The State of Bihar
SANJAY KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
