Raj Kumar Bhuiyan And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.2740 of 2016 (3) dt.15-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2740 of 2016 Arising Out of PS.Case No. -80 Year- 2015 Thana -AMBA District- AURANGABAD ======================================================

1. Raj Kumar Bhuiyan Son of Raghuni Bhuiyan

2. Raghuni Bhuiyan, Son of Late Balkeshwar Bhuiyan

3. Yaduni Bhuiyan, son of Ram Swarup Bhuiyan

4. Sundeep Bhuiyan @ Sundeep Nat @ Sandeep Nat Son of Tikori Nat, All resident of village- Ganghar, P.S. Amba, District- Aurangabad .... .... Petitioners

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. M. Rab(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-03-2016 Heard learned counsel for the petitioners and learned counsel representing the State.

Petitioners seek bail in connection with Amba P.S. Case No. 80 of 2015 registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

Allegedly, the petitioners being armed with lathi-danda came at the house of the informant and claimed that the wife of the informant is Dain. Further they started assaulting the wife of the informant and after dragging her from the house brutally assaulted and killed her.

Submission is of false implication due to previous dispute, the doctor who has conducted post mortem examination has found only two external injuries on the person of the deceased, there is

Patna High Court Cr.Misc. No.2740 of 2016 (3) dt.15-03-2016 general and omnibus allegation and as such the petitioners who are suffering in custody since 05.10.2015 deserve sympathetic consideration to which learned APP seriously opposes by submitting that during investigation the witnesses have supported the prosecution version.

In the facts and circumstances stated above, considering the allegation attributed against the petitioners serious in nature, this Court is not inclined to enlarge the petitioners on bail, accordingly, their such prayer stands rejected. However, considering the period of detention, the trial court is directed to expedite the trial.

(Jitendra Mohan Sharma, J) avin/- U T