← Library
Patna High CourtCR. MISC./19340/2022rejected

Dipak Ram @ Deepak Kumar v. The State Of Bihar

2022-07-20Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19340 of 2022 Arising Out of PS. Case No.-90 Year-2020 Thana- BHELDI District- Saran ====================================================== Dipak Ram @ Deepak Kumar Son of Rambabu Ram @ Ram Babu R/o Village - Chainpur, P.S.- Bheldi, District - Saran. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Nalin Kumar, Advocate.

For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP.

For the Opposite Party/s : Mr. Ajay Kr., APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sessions Trial No.247 of 2020 arising out of Bheldi P.S. Case No. 90 of 2020 lodged under Sections 302 of the Indian Penal Code.

As per the prosecution case, the present petitioner has attacked on her aunt by a sharp weapon of about 1 1⁄2 feet long and repeatedly attacked on her face and stomach, in result, she died. The eyewitness of the attack is the informant herself. Learned counsel for the petitioner submits that there is no independent eyewitness of the occurrence. He also submits that entire allegations are maliciously false and he has been

Patna High Court CR. MISC. No.19340 of 2022(2) dt.20-07-2022 2/2 falsely implicated in this case. He further submits that petitioner is in custody since 24.05.2020 i.e. about two years. He also submits that charge sheet has already been filed as well as charge has been framed on 23.02.2021.

Learned counsel for the State opposes the prayer for bail stating that it is the case of brutal murder, in which there is eyewitness of the occurrence as well as instrument of murder has also been recovered and trial is going on. Considering the facts and circumstances and submissions made above, let the bail application is rejected. Trial Court is directed to complete the trial within 9 months.

(Dr. Anshuman, J) guddu/- U T