Patna High CourtCR. MISC./2345/2019dismissed

Sekh Kamrool Hoda v. The State Of Bihar

2019-02-08Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2345 of 2019 Arising Out of PS. Case No.-26 Year-2018 Thana- RAMGARHWA District- East Champaran ====================================================== Sekh Kamrool Hoda s/o Sekh Sobarati resident of village -Bishunpurwa PSShedhwa, District Parsa (Nepal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Adv.

For the Opposite Party/s :

Mr. Lalan Kumar(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 08-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in Ramgarhwa P.S. Case No. 26/2018, registered for the offences punishable under Sections 302, 201, 379 and 34 of the Indian Penal Code. Informant alleged that on 12.02.2018 her husband went from the house saying that he will return after servicing of the Scorpio vehicle bearing registration no. BR05PA-2183, but he did not return. Next morning his dead-body was found lying on the road.

It has been submitted on behalf of the petitioner that F.I.R is against unknown. Petitioner has been falsely implicated in this case. The said Scorpio Vehicle which has been recovered from possession of the petitioner had been purchased by the

Patna High Court Cr.Misc. No.2345 of 2019(3) dt.08-02-2019 2/2 petitioner from his relative. Except the confessional statement there is no material against the petitioner. Petitioner is in custody since 22.07.2018 having clean antecedent. Learned A.P.P. opposes the prayer for bail of the petitioner.

Considering the facts and nature of allegation, I am not inclined to enlarge the petitioner on bail at this stage. Hence the prayer for bail of the petitioner is hereby rejected. However, the trial court is directed to expedite the trial of the petitioner and conclude the same within a period of one year from the date of receipt/production of a copy of this order.

(S. Kumar, J) vinita/- U T