Patna High CourtCR. MISC./2462/2019bail rejected

Sanjay Kumar Suman @ Sanjay Sah v. The State Of Bihar

2019-02-13Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2462 of 2019 Arising Out of P.S. Case No.-8 Year-2014 Thana- UDAKISHUNGANJ District- Madhepura ====================================================== Sanjay Kumar "Suman" @ Sanjay Sah son of Late Kamleshwari Sah Resident of Village- Kishunganj (Dohabari), P.S. Uda Kishunganj, DistrictMadhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Naresh Ray, Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-02-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

Petitioner had earlier moved for bail which was rejected vide order dated 11.09.2017 passed in Cr.Misc.No.9556 of 2017. Petitioner is languishing in judicial custody since 06.08.2016 in connection with Sessions Trial No.168 of 2017 arising out of Udakishunganj P.S.Case No.08 of 2014 for the offence alleged under Sections 147, 149, 341, 323, 328 and 302 of the Indian Penal Code.

The prosecution case as alleged by the informant is that his 15 year old daughter went for natural call and did not return. A co-villager Champa Devi informed that the daughter of the informant is lying in an orchard. Thereafter, the informant's

Patna High Court Cr.Misc. No.2462 of 2019(3) dt.13-02-2019 2/2 daughter was brought who died during course of treatment. The informant's daughter while in the hospital revealed that she was made to drink some liquid by the petitioner and other coaccused. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and has been falsely implicated in the aforesaid case. Learned counsel for the State, however, submits that the viscera which was preserved by Forensic Science Laboratory, has confirmed that it contained poison, namely, thimate used in agriculture.

Considering the said fact, I am not inclined to grant the privilege of bail to the petitioner. However, petitioner may renew his prayer for bail after one year, if trial is not concluded by that time. Prayer for bail is rejected.

(Nilu Agrawal, J) B.Kr./- U T