Birendra Kumar Singh @ Ajeet Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65342 of 2018 Arising Out of PS. Case No.-146 Year-2017 Thana- TARIYANI CHOWK District- Sheohar ====================================================== Birendra Kumar Singh @ Ajeet Kumar Singh, Son of Ram Nihora Singh @ Dinbandhu Singh @ Lalbabu Singh, resident of Village + P.O.- Vrindawan Mushahari, Ward No. 1, P.S.- Tariyani, District- Sheohar. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s :

Mr. Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-11-2018 Petitioner prays for bail in connection with Sessions Trial No. 37 of 2018, arising out of Tariyani P.S.Case No. 146 of 2017, registered for the offences punishable under Sections 302, 201 and 120B of the Indian Penal Code.

Allegation against the petitioner is of causing death of the deceased, who happened to be his wife.

Submission of learned counsel for the petitioner is that except suspicion there is nothing against him and though he has four children, except one none has been examined by police nor their statement has been recorded under Section 161 Cr.P.C. and petitioner is in custody for more than 10 months. Heard learned APP for the State, who has opposed the prayer for bail stating that earlier also petitioner used to assault

Patna High Court Cr.Misc. No.65342 of 2018(3) dt.22-11-2018 2/2 the deceased and for that a case has been lodged and one of the sons of the petitioner has supported the prosecution case. Having heard both sides and in the facts and circumstances, I am not inclined to grant bail to the petitioner. However, since it is submitted that charge has been framed and one witness has been examined in this case, learned trial court is directed to expedite the trial. Once evidence of father of deceased and other sons of the deceased is recorded, the petitioner may renew his prayer for bail before the court below, which shall be considered on the basis of materials available on record and disposed of by passing an appropriate order.

With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T