Patna High CourtCR. MISC./8447/2019dismissed

Devendra Singh v. The State Of Bihar

2019-03-06Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8447 of 2019 Arising Out of PS. Case No.-128 Year-2018 Thana- BARAULI District- Gopalganj ====================================================== Devendra Singh, aged about 65 years, Male, son of Late Harihar Singh, resident of village - Bharkueeya, P.S-Barauli, District, Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satish Chandra Mishra For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-03-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Barauli P.S. Case No. 128/2018 registered for the offence punishable under Sections 302 and 201/34 of the Indian Penal Code.

Informant who is the wife of the deceased has alleged that on 25.05.2018, when she was doing her household works, she saw that at the door of his house, Devendra Singh (petitioner), Manoj Singh, Deepak Singh, Manjit Singh, Sapana Kumari, Sidhi Devi and Neha Singh were talking with each other. In the meantime, her husband arrived on a motorcycle and he was pushed down from the motorcycle and the co-accused, Manjit Singh and Deepak Singh came out and caught him and at the instigation of Deepak Singh, Manoj Singh threw the Tangi on his neck and Devendra Singh (petitioner) inflicted Dab blow

Patna High Court CR. MISC. No.8447 of 2019(4) dt.06-03-2019 2/2 on the leg of her husband due to which his leg got amputated and then her husband started crying and became unconscious. It has further been alleged that after keeping the dead-body of the husband of the informant near the husk and woods, co-accused poured kerosene oil and set the dead body ablaze. It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. Petitioner has no criminal antecedent and he is in custody since26.05.2018.

Considering the facts and circumstances of the case and nature of allegation, I am not inclined to enlarge the petitioner on bail at this stage. Hence, the prayer for bail of the petitioner is hereby rejected.

(S. Kumar, J) Sanjay/- U T