Upendra Gope @ Dhuri @ Upendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3303 of 2018 Arising Out of PS.Case No. -206 Year- 2017 Thana -PUNPUN District- PATNA ======================================================

1. Upendra Gope @ Dhuri @ Upendra Prasad S/o Late Rajendra Prasad, R/o Village- Manohar, P.S.- Punpun, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pranav Kumar For the Opposite Party/s : Mr. Sri Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 13-03-2018 Heard learned counsel for the petitioner and learned A.P.P.

Petitioner seeks bail in Punpun P.S.Case No.206 of 2017 instituted for the offence under Section 302/34 of the I.P.C. and Section 27 of the Arms Act.

Allegation in brief is that the accused persons came armed and started firing and the petitioner shot at the head of the informant's wife causing her death.

Learned counsel for the petitioner submits that the informant in his written statement has stated that a quarrel took place between the petitioner and nephew of the informant due to land dispute and the informants wife was watching the incident, so, there was no intention to kill her. Moreover petitioner is in

Patna High Court Cr.Misc. No.3303 of 2018 (5) dt.13-03-2018 2/2 custody since 11.06.2017. Whereas learned counsel for the State submits that the petitioner shot at informant's wife causing her death.

Having considered the specific accusation against the petitioner causing death to the informant's wife, so, his prayer for bail at present is rejected.

The trial court is directed to expedite the trial and preferably conclude the same within one year from the date of receipt/production of a copy of this order.

(Arun Kumar, J) AnilKrSinha/- U