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Patna High CourtCR. MISC./13462/2019bail rejected

Anil Chaudhary v. The State Of Bihar

2019-10-01Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13462 of 2019 Arising Out of PS. Case No.-246 Year-2017 Thana- RIVILGANJ District- Saran ====================================================== ANIL CHAUDHARY Son of Paramhansh Chaudhary @ Parvans Malah Resident of Village- Shobha Chapra Sitab Diyara, Police Station- Revelganj, District- Saran (Chapra) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 01-10-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 25.10.2017 in connection with Sessions Trial No. 72 of 2018 arising out of Revelganj P.S. Case No. 246 of 2017 for the offence registered under Sections 302 and 201 of the Indian Penal Code. Learned counsel for the petitioner submits that because there was enmity between the petitioner and the informant, the name of the petitioner has been taken in connection with the present case. It is further submitted that it is highly unlikely that so many persons having seen the occurrence would not rush to rescue the child in question. It is further submitted that in fact the child has gone to take bath in Saryu

Patna High Court CR. MISC. No.13462 of 2019(7) dt.01-10-2019 2/2 River where he has drowned. The petitioner has falsely been implicated in this case.

Having heard learned counsel for the petitioner, learned counsel for the State and on perusal of the case diary, it appears that there is sufficient material in the case diary and independent witnesses have supported the prosecution case. In view of such facts and circumstances and there being independent witnesses in the case, I am not inclined to grant regular bail to the petitioner. It is accordingly, rejected. Trial of the case may be expedited so as to complete positively within a period of nine months from the date of receipt/production of a copy of this order.

(Anjana Mishra, J) Jagdish/- U