Patna High CourtCR. MISC./43916/2016dismissed

Satan Rai v. The State Of Bihar

2017-01-17Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43916 of 2016 Arising Out of PS.Case No. -12 Year- 2016 Thana -BALIGAON District- VAISHALI(HAJIPUR) ======================================================

1. Satan Rai Son of Late Baidyanath Rai resident of Village/Mohalla- Basti Khoajpur, Pastara, Purvi Tola, P.S.- Baligaon, District- Vaishali. .... .... 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 Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-01-2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor.

The application is for grant of bail in connection with Baligaon PS case no. 12 of 2016 for the offence under Sections 376, 302 of the Indian Penal Code.

It is submitted on behalf of petitioner that there is delay of about two months in lodging FIR. It is further submitted that informant-complainant as well as his brother-in-law cremated the body of the deceased and false case is lodged against the petitioner. It is further submitted that petitioner is in custody since 17.06.2016.

Heard learned A.P.P. also. Learned A.P.P. has opposed the prayer for bail and stated that the allegation is under

Patna High Court Cr.Misc. No.43916 of 2016 (4) dt.17-01-2017 2/2 Section 302 and 376 of Indian Penal Code, further petitioner is named in FIR and there is direct allegation against him and police after investigation submitted charge sheet against the petitioner. Having heard both sides. Inspite of the fact that there is delay of 02 months in filing of FIR, as investigation is still going on and there are allegations against this petitioner, I am not inclined to grant bail to the petitioner. As such, his prayer for bail rejected at this stage.

With these observations, this bail application is dismissed.

(Vinod Kumar Sinha, J.) rinkee/- U T