Bharat Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12332 of 2017 Arising Out of PS. Case No.-49 Year-2015 Thana- SRINAGAR District- West Champaran ====================================================== BHARAT MUKHIYA, Son of Late Dukhi Mukhiya, Resident of VillageMasan Dhab Gobarahiya, P.S. Sri Nagar, District- West Champaran, at Bettiah.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Samir Kumar Sinha For the Opposite Party/s :

Mr. SIR PAWAN KUMAR CHAURASIYA ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 29-08-2017 Heard learned counsels for the petitioner and the State. Petitioner seeks bail in connection with Sri Nagar (Pujaha) P.S. Case No. 49 of 2015 registered for the offence punishable under sections 302/34 of the Indian Penal Code and sections 3/4 of the Prevention of Witch Practices Act.

Learned counsels appearing for the petitioner submits that petitioner had not assaulted the deceased or tortured her by saying Dayan. Nothing specific has been alleged against this petitioner. Petitioner carries no criminal antecedent. Learned Addl. P.P. appearing for the State submits that during investigation witnesses have stated that petitioner alongwith other accused persons assaulted the deceased brutally by means of lathi resulting in her death.

Patna High Court Cr.Misc. No.12332 of 2017(5) dt.29-08-2017 2/2 Considering the nature of allegations levelled against his petitioner and the submissions of advanced on behalf of the parties, this Court is not inclined to grant bail to this petitioner. His prayer for bail is, accordingly, rejected. However, considering the period of detention of the petitioner, the Court below is directed to conclude the trial of the case within a period of three months.

(Arvind Srivastava, J) mcv/- U T