Patna High CourtCR. MISC./35096/2016dismissed

Lali @ Md. Lali @ Lal Mohammad v. The State Of Bihar

2016-10-19Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35096 of 2016 Arising Out of PS.Case No. -17 Year- 2016 Thana -KURLIKOT District- KISANGANJ ====================================================== Lali @ Md. Lali @ Lal Mohammad S/o Late Khalil R/o Village- Khatkhati, P.S.- Kurlikot, District- Kishanganj.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Pankaj Kumar Sinha, Advocate. Mr. Diwakar Sinha, Advocate.

For the Opposite Party : Mr. Asharaf Ansari, 86. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-10-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 341, 323, 302, 504 and 34 of the Indian Penal Code. The allegation against the petitioner is of committing murder of the sister of the informant by pressing her neck. It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.05.2016. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The allegation made in the

Patna High Court Cr.Misc. No.35096 of 2016 (3) dt.19-10-2016 2/2 F.I.R. is denied by the petitioner.

On behalf of the state, it has been submitted that the petitioner is said to have strangulated the deceased. The injury report and postmortem report supports the allegations made in the First Information Report.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in Kurlikot P.S. Case No. 17 of 2016, pending in the court of learned Judicial Magistrate, 1st Class, Kishanganj.

Anyhow, the court below is directed to take all necessary steps to expedite the trial.

(Sudhir Singh, J.) Amit/- U T