Patna High CourtCR. MISC./10854/2019rejected

Srikant Sah v. The State Of Bihar

2019-05-03Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10854 of 2019 Arising Out of PS. Case No.-317 Year-2018 Thana- BARARI District- Katihar ====================================================== SRIKANT SAH, Son of Late Ram Lal Sah, Resident of Village - Laxmipur, P.S. - Barari, District - Katihar ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar Jha For the Opposite Party/s :

Mr. Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 324, 302, 307 and 120B/34 of the Indian Penal Code.

Allegation in the FIR is that the petitioner along with his wife and son caused injury with sickle (Hasua) (a sharp cutting weapon) near the neck and shoulder of the husband of the informant as a result whereof he died.

The postmortem report would reveal that the Doctor has found consistent injury.

Submission is that allegation is not specific and coaccused Sunny Sah has been allowed bail by the learned court below considering the mental illness of Sunny Sah. Petitioner is in custody since 06.08.2018.

Patna High Court CR. MISC. No.10854 of 2019(3) dt.03-05-2019 2/2 Considering the entire facts of this case, I am not inclined to enlarge the petitioner on bail in connection with S.Tr. No. 429 of 2018 arising out of Barari Police Station Case No. 317 of 2018 pending in the court of learned Sessions Judge, Katihar.

Hence, prayer for bail is refused.

Learned trial court is directed to expedite the trial and conclude the same within a period of nine months from the date of receipt/production of a copy of this order, failing which the petitioner would be at liberty to renew his prayer for bail before the learned court below.

(Birendra Kumar, J) Kundan/- U T