Pramod Sah, Son of Munnilal Sah vs The State of Bihar

Heard learned counsel for the petitioner and the learned

A.P.P. for the State.

The petitioner seeks bail in connection with Marhowrah

P.S. Case No.351 of 2016 registered under Sections 302 / 34 of the

Indian Penal Code, pending in the court of the 2nd Additional

Chief Judicial Magistrate, Saran at Chapra.

The accusation is that due to drainage of the dirty water in

the way by the petitioner, his father, namely, Munnilal Sah and

his wife, namely, Meera Devi, Mahavir Sah, the father of the

informant Sunil Kumar Sah, made protest upon which this

petitioner started to abuse the father of the informant and caused

assault through lathi at the head of the father of the informant, as a

result of which the father of the informant fell down and,

thereafter, Munnilal Sah and Meera Devi caused injury at the left

hand of the father of the informant due to which and the father of

the informant became unconscious. The father of the informant

was rushed to Chapra Sadar Hospital from where he was referred

to P.M.C.H. where the father of the informant died on 18.07.2016.

Learned counsel appearing on behalf of the petitioner

submits that while the occurrence is said to be of 05.07.2016 but

the F.I.R. was lodged by the informant on 18.07.2016 without any

proper explanation. Moreover, there is allegation against the

petitioner to cause injury at the head of the father of the informant

through lathi but there was no repetition of blow by the petitioner

on the person of the father of the informant. The petitioner having

no criminal antecedent is in custody since 23.12.2016.

On the other hand, learned A.P.P. for the State opposed

the prayer of the petitioner for grant of bail with the contention

that two injuries were found on the person of the deceased, the

father of the informant, i.e., one abrasion on forehead and another

bruise on the left wrist of the deceased, the father of the informant,

and the cause of the death of the deceased, the father of the

informant, is said to be head injury, which is attributed to the

petitioner.

Having regard to the facts and the circumstances of the

case and the nature of allegation, I am not inclined to grant bail to

the petitioner. Accordingly, the prayer of the petitioner for grant

of bail stands rejected.