Dismissed¶21

Sagir v. the State of Bihar

Patna HC21 Mar 2024CR. MISC./430/2024

Case brief

AI extract

What is this about?

Patna High Court CR. MISC. No.430 of 2024, decided 21-03-2024 by Justice Prabhat Kumar Singh; bail application rejected; offences under Sections 302 and 34 IPC; PS Case No. 410 of 2023, Thana Jokihat, District Araria; alleged assault by petitioners (with co-accused) on informant's daughter causing death during treatment; defence points: informant not eye-witness, general and omnibus allegation, charge-sheet submitted, custody since 06.09.2023, clean antecedents; State (APP Binod Kumar) opposed citing specific allegation of assault; counsel for petitioners Madhav Jha.

What did the court decide?

Considering the rival submissions and the specific accusation of assault against these petitioners, the prayer for grant of bail to the petitioners is rejected. ¶21

Sagir Vs the State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.430 of 2024

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Arising Out of PS. Case No.-410 Year-2023 Thana- JOKIHAT District- Araria

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======================================================

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1. SAGIR SON OF LATE DOMAR R/O UDA, WARD NO. 07, P.S.MAHALGOAN (JOKIHAT), DIST.- ARARIA

¶5

SADDAM @ SADAM SON OF SAGIR R/O UDA, WARD NO. 07, P.S.MAHALGOAN (JOKIHAT), DIST.- ARARIA

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioners : Mr. Madhav Jha, Advocate For the State : Mr. Binod Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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3 21-03-2024

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Heard learned counsel for the petitioners and learned

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A.P.P. for the State.

¶15

The petitioners seek bail in a case registered for the offence punishable under Sections 302 and 34 of the Indian Penal Code.

¶16

As per prosecution case, allegation against these petitioners is that they, along with other co-accused persons, assaulted the daughter of the informant by fists, slaps and fighter, due to which she sustained injuries and died during course of treatment.

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It is submitted by learned counsel appearing on behalf of the petitioners that the petitioners has falsely been

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Patna High Court CR. MISC. No.430 of 2024(3) dt.21-03-2024 2/2

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implicated in this case. Informant is not an eye-witness of the occurrence. Allegation of assault is general and omnibus. It is further submitted that charge-sheet has already been submitted and the petitioners are in custody since 06.09.2023. Petitioners claim clean antecedents.

¶20

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners and submitted that there is specific allegation against these petitioners that they assaulted the daughter of the informant, due to which she succumbed to the injuries.

¶21

Considering the rival submissions and specific accusation of assault against these petitioners, the prayer for grant bail of to these petitioners is rejected.

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(Prabhat Kumar Singh, J)

¶23

shashank/-

¶24

U T

Sagir v. the State of Bihar

Case brief

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Sagir v. the State of Bihar

Case brief

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