Patna High CourtCR. MISC./23847/2017dismissed

Mukesh Kunwar @ Mukesh Kumar v. The State Of Bihar

2017-07-07Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23847 of 2017 Arising Out of PS.Case No. -115 Year- 2016 Thana -TEGHRA District- BEGUSARAI ======================================================

1. Mukesh Kunwar @ Mukesh Kumar Son of Sri Ram Krishna Kumar Resident of Village - Pirhauli, P.S. - Tenghra, District - Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pritish Kumar Lal For the Opposite Party/s : Mr. Sri Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-07-2017 The petitioner seeks regular bail in connection with Teghra P.S. Case No. 115 of 2016, registered for offences punishable under Section 341, 323, 337, 302, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act. Allegation against the petitioner is of firing on the deceased due to which she died.

It has been submitted on behalf of the petitioner that in this case fardbeyan has been recorded after conducting the post mortem examination and further at about 3.20 police was informant, however, fardbeyan was recorded after eight house of the alleged occurrence, which itself shows the falsity of the case. Further in this case only one independent witness has been examined and other witnesses are relatives of the informant side.

Patna High Court Cr.Misc. No.23847 of 2017 (3) dt.07-07-2017 2/2 Petitioner has been in judicial custody since 05.05.2016. Learned counsel for the State opposed the prayer for bail and submitted that there is direct allegation against the petitioner is of firing, due to which the deceased died. Having heard both sides, considering the facts and circumstances of the case and the nature of allegation, I am not inclined to release the petitioner on bail, his application for regular bail is, accordingly, rejected.

However, the trial court is directed to expedite the trial and try to conclude it as soon as possible.

(Vinod Kumar Sinha, J) sunil/- U T