Patna High CourtCR. MISC./17809/2019dismissed

Dilip Mallik v. The State Of Bihar

2019-07-30Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17809 of 2019 Arising Out of PS. Case No.-98 Year-2014 Thana- SONBERSA District- Sitamarhi ====================================================== DILIP MALLIK Son of late mauje Malik Resident of Village - Janki Nagar, P.S.- sonebarsa, Distt.- Sitamarhi, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 302 of the Indian Penal Code. The prosecution case in short is that the accused persons assaulted the informant on his head due to which he died.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 2.8.2014 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. There is no substantive evidence to suggest his implication in the present case.

Patna High Court CR. MISC. No.17809 of 2019(4) dt.30-07-2019 2/2 On behalf of the State, it is submitted that the petitioner is named in the F.I.R. There is specific allegation of assault against the petitioner. The deceased happens to be father of the petitioner.

Considering the same, I am not inclined to grant bail to the petitioner in connection with Sessions Trial No. 96 of 2015 arising out of Sonebarsa P.S. Case No. 98 of 2014. The same is rejected. The Trial Court is directed to conclude the trial at the earliest preferably within nine months from the date of receipt/production of a copy of this order.

(Sudhir Singh, J) Pankaj/- U T