The Patna High Court denied bail to a petitioner accused of murdering his father-in-law under Sections 302 and 34 IPC. Despite a minor scalp injury, the evidence showed a fractured skull, leading the court to reject the bail application.
Bail application of the petitioner was rejected/nullified.
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.57542 of 2019
Arising Out of PS. Case No.-292 Year-2018 Thana- BHARGAMA District- Araria
======================================================
MD. MAZHAR ALAM Son of Abdul Rawoof, Resident of Village - Bir Nagar, Paschhim, Ward No. 2, P.S.- Bhargama, District - Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Abhijeet Gautam For the Opposite Party/s : Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
5 11-12-2019 Heard both sides.
Petitioner seeks bail in Bhargama P.S. Case No.292 of
2018 registered under Sections 302 and 34 of the IPC.
The gist of the allegation is that the petitioner happens
to be the son-in-law of the deceased. The petitioner demanded money from his father-in-law and on refusal, the petitioner and other are alleged to have assaulted the deceased. Reza Ali is alleged to have assaulted the deceased with garasa and the petitioner is alleged to have assaulted his father-in-law with iron rod on his head.
Learned counsel for the petitioner submits that Reza Ali and petitioner are alleged to have assaulted with garasa and iron rod on the head of the deceased and one stitch wound was found. No other injury was found on the head of the deceased.
Patna High Court CR. MISC. No.57542 of 2019(5) dt.11-12-2019 2/2
On the other hand, learned counsel for the informant and learned A.P.P. vehemently opposed the prayer for bail and submitted that one stitch wound was found. The head of the deceased was smashed and bones were found fractured on account of which the deceased died. There is no sharp cut injury on the head of the deceased. It appears that the petitioner is alleged to have repeatedly assaulted on the head of his father-inlaw (deceased) and the doctor found one stitch wound. The bones were also found fractured. It is informed that six witnesses have been examined on behalf of the prosecution.
Having considered the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.
(Prabhat Kumar Jha, J)
Harish/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in a murder case where the deceased suffered a fractured skull and a stitch wound on the head.
1 provisions across 1 enactments
Md. Mazhar Alam
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
