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Patna High CourtCR. MISC./25072/2015dismissed

Samar Das v. The State Of Bihar

2015-07-21Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25072 of 2015 Arising Out of PS.Case No. -229 Year- 2014 Thana -KATORIA District- BANKA ======================================================

1. Samar Das son of Muneshwar Das resident of village - Tulsibaran, P.S. Kateria, District - Banka.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Nandad Prasad For the Opposite Party/s : Mr. Md.Sufiyan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-07-2015 Heard learned counsel for the petitioner and learned A.P.P. appearing for the State.

The petitioner is in custody in a case registered under Sections 302/34 of the Indian Penal Code. The prosecution case, in brief, is that on 25.08.2014 at about 7.00 A.M. the informant received information that his daughter Bulo Devi has been killed by his son-in-law and family members. His daughter was married to the petitioner 12 years ago and just after the marriage her husband and family members started ill-treating her and once they pulled her into a well, however, she was saved. On the basis of the said information Katoria P.S. Case No. 229 of 2014 was registered against the petitioner.

It is submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.25072 of 2015 (2) dt.21-07-2015 petitioner has been falsely implicated and there is no specific allegation against the petitioner for assaulting the deceased. On behalf of the State it has been submitted that the petitioner is the husband of the deceased and he is named in the F.I.R. The petitioner is in custody since 26.08.2014.

Considering the aforesaid facts and circumstances, I am not inclined to grant the privilege of bail to the petitioner and the prayer for bail is rejected. However, the trial Court is directed to conclude the trial within a period of nine months from the date of receipt/production of a copy of this order. (Sudhir Singh, J) Chandran U T