Patna High CourtCR. MISC./21722/2016rejected

Chotelal Sahani @ Jarlaha v. The State Of Bihar

2016-05-19Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21722 of 2016 Arising Out of PS.Case No. -246 Year- 2015 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Chotelal Sahani @ Jarlaha son of Dhanai Sahani, resident of village - Bada Baishaha, P.S.- Chakiya, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the Opposite Party/s : Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Chakiya P.S. Case No.246 of 2015 registered under Sections 302, 201 and 120B of the Indian Penal Code.

It is contended by the learned counsel for the petitioner that the name of the petitioner has been given in the FIR by the informant of the case merely on suspicion and there is no corroborative material to incriminate the petitioner with the offence alleged.

Learned counsel for the State has drawn my attention towards the impugned order dated 8.4.2016 passed by the 8th

Patna High Court Cr.Misc. No.21722 of 2016 (2) dt.19-05-2016 2/2 Additional District and Sessions Judge, East Champaran, Motihari wherein it has been clearly mentioned that the niece of the petitioner, namely, Ankita Kumari has made her statement before the investigating officer of the case, which has been reduced in writing in paragraph 15 of the case diary that the petitioner mercilessly assaulted the son of the informant Manish Kumar as a result of which he died and threw his body in a pond from where the dead body of the victim was recovered.

Regard being had to the materials available on record, I am not inclined to grant bail to the petitioner. Accordingly, the prayer for bail is rejected.

(Ashwani Kumar Singh, J) Md.S./- U T