High Court Patna High Court - Orders

Rajballabh Das @ Raj Ballabh Kumar vs The State Of Bihar on 17 August, 2011

Patna High Court – Orders
Rajballabh Das @ Raj Ballabh Kumar vs The State Of Bihar on 17 August, 2011
                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                           Criminal Miscellaneous No.17478 of 2011
                             Rajballabh Das @ Raj Ballabh Kumar
                                               Versus
                                      The State Of Bihar
                                   ----------------------------------

3 17-08-2011 Heard learned counsel for the petitioner as well as

learned Additional Public Prosecutor for the state.

Petitioner is an accused in Dhanarua P.S. Case No.

303 of 2010 registered under Section-302 Indian Penal Code with

allegation that he assaulted the informant’s minor daughter aged

about 7 years on the alleged date of occurrence, as a result of

which, she died in course of her treatment.

The postmortem report of the deceased supports the

aforesaid allegation.

The contention of learned counsel for the petitioner is

that there was land dispute between the parties and the petitioner

is agnate of the informant. It is further contended by him that

there is contradiction in first information report as well as the

complaint case which has been filed by the informant

subsequently, for the same occurrence.

Considering the aforesaid facts and circumstances as

well as submission of the parties, I am not inclined to release the

petitioner on bail. Accordingly, his prayer for bail in connection

with Dhanarua P.S. Case No. 303 of 2010 corresponding to

Sessions Trial No. 99 of 2011 pending in the court of Additional

Sessions Judge-IV, Patna is hereby rejected.

AKV/-                                          ( Hemant Kumar Srivastava,J.)