Patna High CourtCR. MISC./50520/2016rejected

Arun Paswan v. The State Of Bihar

2017-02-27Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50520 of 2016 Arising Out of PS.Case No. - 384 Year - 2015 Thana - GHORASAHAN District - EAST CHAMPARAN (MOTIHARI) ====================================================== Arun Paswan, Son of Late Achhelal Paswan, Resident of Village - Murtiya, P.S. - Adapur, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate. For the Opposite Party/s : Mr. Iftekhar Mahmood, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 27-02-2017 Heard learned counsel for the parties.

The petitioner seeks bail in a case registered under Sections 341, 342, 323, 307, 328, 498A/34 of the Indian Penal Code. Later on, Section 302 I.P.C. was also added. Learned counsel for the petitioner submitted that the informant has alleged that the petitioner, who is the husband of the informant, gave knife blows in and around her neck. The informant succumbed to the injuries in course of treatment. The petitioner is innocent and has been falsely implicated in the case due to property dispute. It is further submitted that the F.I.R. has been lodged after 12 days of the occurrence. Delay in lodging of the F.I.R. itself falsifies the prosecution case. The petitioner is in jail since 31.12.2015.

Learned A.P.P. has vehemently opposed the prayer

Patna High Court Cr.Misc. No.50520 of 2016 (3) dt.27-02-2017 2/2 for bail and submitted that the victim has specifically stated in para 3 of the supplementary case diary that the petitioner gave knife blow on her neck and near her eyes. Other witnesses have also stated the version of the victim in different paragraphs of the case diary. The injury report also corroborates the injuries sustained by the victim.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail in S. Tr. No. 325/16, arising out of Ghorasahan P.S. Case No. 384/2015. Accordingly, the prayer for bail is rejected.

(Arvind Srivastava, J) Dilip/- U T