Patna High CourtCR. MISC./21403/2021dismissed

Ashok Kumar @ Ashok Mehta v. The State Of Bihar

2021-08-09Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21403 of 2021 Arising Out of PS. Case No.-751 Year-2020 Thana- MADHEPURA District- Madhepura ====================================================== Ashok Kumar @ Ashok Mehta Son of Late Ram Chandra Mehta Resident of Brahmottar, Ward No.-08, P.S.-Madhepura (Bharrahi O.P.), DistrictMadhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bam Bahadur Jha, Adv.

For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-08-2021 Heard the parties through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Section 302 of the Indian Penal Code. Allegation against the petitioner is that he committed murder of the husband of the informant by means of dabiya. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that no independent witnesses have supported the prosecution story. He submits that petitioner is the son of the

Patna High Court CR. MISC. No.21403 of 2021(2) dt.09-08-2021 2/2 deceased and as such, it is not possible that a son will kill to his father. He further submits that petitioner bears no criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 02.10.2020. However, learned APP for the State opposes the prayer for bail and submits that petitioner has committed cold blooded murder of his father.

Considering the gravity of the offence, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected in connection with Madhepura (Bharrahi OP) P.S. Case No. 751 of 2021 pending before the court of the learned Judicial Magistrate-1st Class, Madhepura.

(Anjani Kumar Sharan, J) devendra/- U T