Devanand Kumar Ganesh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6574 of 2017 Arising Out of PS.Case No. -15 Year- 2016 Thana -GARMDAGA District- KISANGANJ ====================================================== Devanand Kumar Ganesh .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Advocate For the Opposite Party/s : Mr. Madhuranand Jha, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner are languishing in judicial custody since 26.10.2016 in connection with Garbandanga P. S. Case No. 15 of 2016 (G.R. No. 1511 of 2016) registered for the offence punishable under Sections 364/34 and 302, 201 and 120 (B) of the Indian Penal Code.
The prosecution case as lodged by the father of the deceased, Nazia Praveeen is that his daughter had gone for natural call but she did not return back and after search he could not find any trace. It is also alleged that he solemnized marriage of his daughter with Md. Faiyaz Alam of the same village about three years ago and his daughter used to talk with him on mobile. It has been submitted by the learned counsel for the
Patna High Court Cr.Misc. No.6574 of 2017 (3) dt.13-04-2017 2/2 petitioner that he is innocent and has been falsely implicated in the aforesaid case. It is submitted that charge sheet has already been submitted against the petitioner, hence, there is no chance of tampering with the prosecution evidence.
However, learned A.P.P. for the State vehemently opposes the prayer for bail stating that in para-22 of the case diary which is the confessional statement of the husband of the deceased, that he along with the petitioner has killed the daughter of the informant, hence, opposes the prayer for bail. Considering the facts and materials on record, I am not inclined to grant the privilege of bail to the petitioner. The bail application of the petitioner is hereby rejected. (Nilu Agrawal, J) Sudha/- U T