Guddu Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12748 of 2016 Arising Out of PS.Case No. -188 Year- 2015 Thana -CHAPRA MUFFASIL District- SARAN ======================================================

1. Guddu Miyan S/o Sirajul Miyan r/o Village- Sandha- Dhala P.SMuffassil District- Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anant Kumar Bhaskar For the Opposite Party/s : Mr. Sanjay Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-05-2016 Heard the learned counsel for the petitioner and the learned A.P.P. representing the State.

The petitioner seeks bail in connection with Chapra Muffassil P.S. Case No. 188 of 2015 registered for the offence punishable under Section 302/34 of the Indian Penal Code. Allegedly, the petitioner was having love affair with Asmriti Kumari, the daughter of the informant, and the petitioner called her at his house and thereafter, the petitioner and other co-accused administered acid to her and then she anyhow came to her house and narrated about the occurrence. She was brought for treatment at Chapra from where she was referred to P.M.C.H. Patna but in the way she died. Submission is of false implication and that there is

Patna High Court Cr.Misc. No.12748 of 2016 (3) dt.06-05-2016 2/2 no eye-witness of the occurrence, the prosecution story appears not probable and reliable, the Doctor who has conducted the post-mortem examination has not found any injury and cause of death has not been ascertained and only on suspicion, the petitioner is suffering in custody since 14.12.2015. As a matter of fact, the petitioner is a poor labourer working in the ornament shop of the informant and it is a case of honour killing.

The learned A.P.P. opposes the prayer of bail by submitting that besides informant, other witnesses have also supported the prosecution version and the deceased before her death has narrated about the occurrence.

In the facts and circumstances stated above, considering the allegation attributed against the petitioner, serious in nature, this Court is not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected in connection with Chapra Muffassil P.S. Case No. 188 of 2015 pending in the court of learned Chief Judicial Magistrate, Saran at Chapra.

(Jitendra Mohan Sharma, J) ajaypd./- U T