Patna High CourtCR. MISC./50974/2016dismissed

Rajiv Kumar v. The State Of Bihar

2016-12-15Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50974 of 2016 Arising Out of PS.Case No. -92 Year- 2016 Thana -BOCHHA District- MUZAFFARPUR ======================================================

1. Rajiv Kumar Son of Sri Jogender Choudhary, Resident of VillageAdigopalpur, P.S. Bochahan, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pandey Sanjay Sahay, Advocate For the Opposite Party/s : Dr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-12-2016 Heard learned counsels for the Petitioner, the State and the informant.

The Petitioner seeks bail in Bochahan P.S. case No.92 of 2016 instituted for the offence under Sections 304B/34 of the Indian Penal Code, pending in the court of Shri A.K. Srivastava, Sub-Judge-11-cum-ACJM, Muzaffarpur.

The allegation is that the accused persons including the petitioner committed murder of the daughter of the informant by pressing her neck.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 7.7.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court Cr.Misc. No.50974 of 2016 (3) dt.15-12-2016 petitioner has falsely been implicated in the present case. The witnesses in paragraphs 9, 13, 16, 33, 44, 65 of the case diary and paragraphs 8 and 9 of the supplementary case diary have not supported the allegations made in the F.I.R. It is at best a case for offence under Section 306 I.P.C.

On behalf of the State and learned counsel for the informant, it is submitted that the petitioner is named in the F.I.R. assuming to be a case of suicide. Still the petitioner is the abettor. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner at this stage. The same is rejected.

(Sudhir Singh, J) Narendra/- U T