Patna High CourtCR. MISC./23549/2014rejected

Punyadeo Sahani @ Pundeo Sahani v. The State Of Bihar

2015-01-05Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23549 of 2014 Arising Out of PS.Case No. -18 Year- 2013 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Punyadeo Sahani @ Pundeo Sahani Son of Late Gyani Sahani Resident of Village-Bardahan, P.S.-Motihari Muffasil, District-East Champaran .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anil Kumar, Advocate For the Opposite Party/s : Mr. Anand Mohan Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 05-01-2015 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 11.12.2013 in a case registered for the offences punishable under Sections 364, 323 and 504 of the Indian Penal Code. It is alleged that the informant's husband was taken by this petitioner to Andra Pradesh for doing labour work and thereafter he became traceless.

It is submitted by learned counsel for the petitioner that the husband of the informant is not went to Andra Pradesh in the company of the petitioner, who was mentally sick and got down from the train anywhere and only on suspicion the

Patna High Court Cr.Misc. No.23549 of 2014 (03) dt.05-01-2015 2/2 accusation has been levelled. The petitioner has no criminal antecedent and statement to that effect has been made in para 3 of the petition.

Co-villagers, who went in the company of the husband of the informant, have been examined during investigation have stated that the husband of the informant went to Andra Pradesh but on the way he became traceless, but subsequently the son of the petitioner suggested to the co-villagers that he will be searched next day.

Considering the nature of accusation and the fact that the victim is still not traceless, this Court is not inclined to grant bail to the petitioner in connection with Motihari Muffasil P.S. Case No. 18 of 2013 pending in the court of learned Chief Judicial Magistrate, East Champaran at Motihari. Accordingly, the prayer for bail of the petitioner is rejected.

Let the trial be expedited.

(Dinesh Kumar Singh, J) DKS/- U T