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Patna High CourtCR. MISC./8224/2019dismissed

Murshida Khatoon And ANR v. The State Of Bihar

2019-04-25Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8224 of 2019 Arising Out of PS. Case No.-169 Year-2018 Thana- AMAUR District- Purnia ====================================================== 1.

Murshida Khatoon, Wife of Late Aminuddin @ Md. Anwar Ansari 2.

Shoukat @ Chand Son of Late Aminuddin Both Resident of - Bara Idgah, P.S.- Amour, District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amresh Kumar Sinha For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case instituted for the offences under Sections 302, 201, 120B and 34 of the Indian Penal Code.

The prosecution case in short is that the accused persons murdered the son of the informant and concealed his dead body. It has been submitted on behalf of the petitioners that the petitioners are in custody since 8.9.2018 and have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. Charge-sheet has been submitted in the present case. The petitioners have falsely been implicated in the present case. Neither there is any eye witness to the alleged occurrence nor there is any substantive evidence to suggest their

Patna High Court CR. MISC. No.8224 of 2019(3) dt.25-04-2019 2/2 implication in the present case.

On behalf of the State, it is submitted that the informant is father of the deceased. Specific allegation has been made against the petitioners. On the confession of the petitioner no. 1, dead body of the deceased is said to have been recovered from the tank situated in the house of petitioner nos. 1 and 2.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioners in connection with Amour P.S. Case No. 169/18. The same is rejected. The Trial Court is directed to take all necessary steps to conclude the trial within a period of one year from the date of receipt/production of a copy of this order.

The District Magistrate, Purnea and the Superintendent of Police, Purnea are also directed to take necessary steps to produce the remaining witnesses on the date fixed in the Trial Court so that the trial could be concluded within the stipulated period. Let this order be communicated to the District Magistrate, Purnea and the Superintendent of Police, Purnea. (Sudhir Singh, J) Pankaj/- U T