In a criminal miscellaneous bail petition under Section 302 IPC, the High Court at Patna refused to enlarge the petitioner on bail. The court noted the apprehension of death and the brutal nature of the alleged assault.
Bail was rejected. The petitioner remained in custody.
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.57537 of 2019
Arising Out of PS. Case No.-71 Year-2019 Thana- BHARGAMA District- Araria
======================================================
MANOJ DAS Son of Binhay Das @ Binay Das Resident of Village - Naya Bhargama, P.S.- Bhargama, Distt - Araria.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Mukesh Kumar Rana For the Opposite Party/s : Mr.Mohammad Sufyan ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
3 04-12-2019 Heard both sides.
The petitioner seeks bail in Bhargama P.S. case No. 71 of 2019 registered under Section 302, 120B/34 of the IPC.
The informant disclosed in his fard bayan that his son
Binod Das was having love affairs with the daughter of petitioner, Manoj Das. On 24.03.2019 his son was called at about 9-10 PM at the house of the petitioner. During the course of search the informant saw that his son was tied and kept at the darwaja of the petitioner. The petitioner and other accused persons were indiscriminately assaulting him. When the informant requested the petitioner not to assault his son he was also assaulted thereafter the informant fled away and informed the Sarpanch and other villagers.
The learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.57537 of 2019(3) dt.04-12-2019 2/2
altogether 15 persons are named in the FIR. There is omnibus and general allegation of assault against all the accused persons. Only five injuries are found on the person of the deceased but it appears that father of the deceased made specific allegation that on account of love affairs with the daughter of the petitioner, the petitioner called the deceased at his residence. The informant saw that his son was tied and petitioners and others were indiscriminately assaulting his son who succumbed to the injuries on account of indiscriminate and brutal assault. On the confession of the petitioner different articles and weapons were recovered from the house of the petitioner and dead body was also recovered from the house of the petitioner.
Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.
(Prabhat Kumar Jha, J)
BKS/-
U T
2 issues framed by the court
Whether the petitioner is eligible for bail in a case registered under Section 302 IPC involving an assault resulting in death.
Whether the circumstances of the case, including the motivations and brutality of the alleged assault, warrant the enlargement of the petitioner on bail.
1 provisions across 1 enactments
Manoj Das
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
