Shiv Shankar Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32320 of 2019 Arising Out of PS. Case No.-157 Year-2017 Thana- JAKKANPUR District- Patna ====================================================== SHIV SHANKAR PANDIT S/o Late Bachu Pandit Resident of Mohalla- New Bigrahpur Bus Stand Bigrahpur, P.S.- Jakkanpur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Jakkanpur P.S. case No.157 of 2017 corresponding to S.T. No.631 of 2017 registered under Section 302 of the Indian Penal Code, pending in the court of Additional District and Sessions Judge VII, Patna. Allegation is that the informant's daughter has been killed by her husband i.e. the petitioner by sharp cutting weapon.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.05.2017 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. There is no eye witness to the alleged

Patna High Court CR. MISC. No.32320 of 2019(4) dt.20-09-2019 2/2 occurrence. The petitioner has falsely been implicated in the present case merely on the basis of suspicion. There is no eye witness to the alleged occurrence. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioner in this case. The deceased is none else, but his daughter.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. Specific allegation has been made against him.

A report was called for from the court below. It has been reported that out of ten prosecution witnesses, six witnesses have already been examined.

Considering the nature of accusation and the stage of the case, I am not inclined to grant bail to the petitioner. The same is rejected.

The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of five months from the date of receipt/production of a copy of this order. (Sudhir Singh, J) Narendra/- U T