Daya Shankar Pandey @ Karu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16078 of 2019 Arising Out of PS. Case No.-9 Year-2018 Thana- HULASGANJ District- Jehanabad ====================================================== Daya Shankar Pandey @ Karu Son of Sri Lalji Pandey Resident of VillageKokarasa, P.S-Hulasganj, Dist.-Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr.Manish Kumar No.2, Advocate For the State :
Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-07-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Sessions Trial No.350 of 2018 arising out of Hulasganj P.S. case No.09 of 2018 registered under Sections 302, 201/34 of the Indian Penal Code, pending in the court of Additional Sessions Judge VII, Jehanabad. Allegation is that the accused persons including the petitioner committed murder of the sister of the informant by strangulation.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.01.2018 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated
Patna High Court CR. MISC. No.16078 of 2019(3) dt.23-07-2019 2/2 in the present case. There is no other substantive evidence to suggest the implication of the petitioner in the present case nor there is any eye witness to the alleged occurrence. On behalf of the State, it is submitted that the petitioner is named in the F.I.R. He is the husband of the deceased. The onus is upon him to explain the cause of death of the deceased.
Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected.
The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of nine months from the date of receipt/production of a copy of this order. (Sudhir Singh, J) Narendra/- U T