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Patna High CourtCR. MISC./6932/2016rejected

Dilip Singh v. The State Of Bihar

2016-06-23Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6932 of 2016 Arising Out of PS.Case No. -414 Year- 2015 Thana -DIHRINAGAR District- SASARAM (ROHTAS) ======================================================

1. Dilip Singh S/o Parmeshwar Singh Resident of Village- Balrati Bigha, Ps. Dehri, District Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Asha Devi(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-06-2016 Heard the learned counsel for the petitioner, the learned A.P.P for the State as also the learned counsel for the Informant.

The petitioner seeks bail in a case for the offences punishable under section 302/34 of the I.P.C Allegedly, the mother of the informant narrated to the informant that the petitioner; co-accused Bharat Singh and Ram Singh cut the neck of Shiv Bachan Singh, the father of the informant, in the night and the father of the informant disclosed the names of the assailants as the petitioner and Bharat Singh by writing on a paper.

Submission is of false implication and that no villager

Patna High Court Cr.Misc. No.6932 of 2016 (7) dt.23-06-2016 2/2 has supported this fact, the name disclosed by the deceased appears not reliable because allegedly his neck was cut and he was not in a position to write the names of the culprits, the petitioner without any fault is suffering in custody and as such he deserves sympathetic consideration.

The learned A.P.P. duly assisted by the learned counsel for the informant opposes prayer for bail. In the facts and circumstances as stated above, considering that the deceased before his death has written the name of the petitioner also as one of the assailant and as such I am not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with Dehri (T) P.S. Case No. 414 of 2015 pending in the court of S.D.J.M. Dehri, DistrictRohtas. (Jitendra Mohan Sharma, J) Abhay/- U T