Manjeet Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29948 of 2020 Arising Out of PS. Case No.-128 Year-2018 Thana- BARAULI District- Gopalganj ====================================================== MANJEET SINGH Son of Shri Manoj Singh Resident of VillageBharkuiyan, Tiwari Tola, P.S.- Barauli, District- Nawadah. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun Kumar, Adv.
For the Opposite Party/s :
Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-01-2021 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Barauli P.S. Case No. 128 of 2018 registered under sections 302, 201 and 34 of the Indian Penal Code.
As per allegation in the FIR, it is stated by the informant that the accused persons were talking in a heated manner amongst themselves and on the husband of the informant reaching on his motorcycle, the petitioner and Deepak Singh caught hold of him, brought him to the ground and thereafter Manoj Singh struck with a tangi on the neck of the informant's husband, Devendra Singh struck with with Daab on his leg separating it from his body. Thereafter kerosene oil was poured and the accused persons made an attempt to burn the
Patna High Court CR. MISC. No.29948 of 2020(3) dt.04-01-2021 2/3 body.
It is submitted by learned counsel for the petitioner that from perusal of the FIR it would transpire that the cause of occurrence is stated to be a warning/scolding given by the deceased to the daughter of Manoj Singh whom the deceased had seen interacting with a boy. It is further submitted that the allegation of overt act is on Manoj Singh and Devendra Singh and not on this petitioner. The petitioner is in custody since 10.7.2018 and has no criminal antecedent.
The application for bail is opposed by learned APP for the State.
Case diary called for in the case has been received. From perusal of the postmortem report it transpires that the left thigh and left hand of the deceased were cut and separated from his body. His throat was also cut and whole body was charred. Thus, the postmortem report supports the allegation levelled in the FIR. Further from the report of the Additional District and Sessions Judge IV, contained in letter no. 674 dated 15.12.2020, it appears that after framing of charge, altogether six prosecution witnesses have been examined and five witnesses including I.O. and doctor remain to be examined. Having heard learned counsel for the parties and in
Patna High Court CR. MISC. No.29948 of 2020(3) dt.04-01-2021 3/3 the facts and circumstances of the case, the Court is not inclined to enlarge the petitioner on bail and the same is rejected. (Partha Sarthy, J) sushma/- U T