Patna High CourtCR. MISC./7783/2017dismissed

Mahesh Roy @ Mahesh Kumar Roy v. The State Of Bihar

2017-03-18Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7783 of 2017 Arising Out of PS.Case No. -260 Year- 2016 Thana -SAKRA District- MUZAFFARPUR ====================================================== Mahesh Roy @ Mahesh Kumar Roy, Son of Shankar Roy, Resident of Village- Gannipur Bejha, P.S.- Sakra, District- Muzaffarpur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. S.N.P.Sinha : Mr. Jitendra Narain Sinha For the Informant : Mr. Nachiketa Jha For the State : Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-03-2017 Heard the parties.

This application is for grant of bail in connection with Sakra P.S.Case No.260 of 2016 for the offence under Sections 302 and 120B/34 of the Indian Penal Code.

It is submitted on behalf of the petitioner that the medical report does not support the manner of the occurrence as alleged in the F.I.R. and there is delay in sending the F.I.R. to the Judicial Magistrate. It is further submitted that one of the co-accused has disclosed name of the petitioner before the Police. Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail of the petitioner stating that the petitioner is named in the F.I.R. and there is

Patna High Court Cr.Misc. No.7783 of 2017 (4) dt.18-03-2017 2/2 allegation against him that he assaulted the deceased by the 'Dagger' and the post mortem report also shows that the injuries are on the person of the deceased and another one and both died, as such two persons have been murdered in this case. Having heard both sides and in view of the allegation as made in the F.I.R., which has been recorded on the Fardbeyan of Gunjan Kumar, daughter of the deceased, I am not inclined to grant bail to the petitioner.

As such, the prayer of the petitioner is dismissed. (Vinod Kumar Sinha, J) chn/- U