Patna High CourtCR. MISC./31528/2016rejected

Mausam Singh v. The State Of Bihar

2016-10-25Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31528 of 2016 Arising Out of PS.Case No. -247 Year- 2015 Thana -MUNGER MUFFASIL District- MUNGER ======================================================

1. Mausam Singh Son of Ramjee Singh resident of village - Maheshpur Silha, P.S. Mufassil, District - Munger .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. Sri Gajendra Prasad Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 25-10-2016 Heard learned counsel for the petitioner, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

Sealed bag is placed before me and the said bag is opened in presence of both the parties.

In the said bag, F.S.L report was found, which goes to show that Sulphas was detected from viscera of the dead body of the deceased of the present case.

The deceased died within 11⁄2 years of her marriage in other than normal circumstances and there is specific allegation of illegal demand and torture against the petitioner, who happens to be husband of the deceased.

Considering the aforesaid facts and circumstances as

Patna High Court Cr.Misc. No.31528 of 2016 (6) dt.25-10-2016 2/2 well as submissions of the parties, I do not feel it proper to release the petitioner on bail and, hence, his prayer for bail in connection with Munger Muffasil P.S.Case No. 247 of 2015, pending in the court of Sub-Divisional Judicial Magistrate, Munger, stands rejected, at least, at this stage.

However, petitioner may renew his prayer for bail before the learned trial court itself, if his trial is not concluded within seven months from the date of receipt/ production of a copy of this order.

Let the F.S.L. report be sent to the court below in sealed bag.

(Hemant Kumar Srivastava, J) N.K/- U T