Chandan Kumari Gami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32155 of 2020 Arising Out of PS. Case No.-235 Year-2018 Thana- DARBHANGA RAIL P.S. DistrictSamastipur ====================================================== CHANDAN KUMARI GAMI Son of Kari Gami Resident of Village - Shahid Chowk, Jai Nagar, P.S. - Jai Nagar, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhay Shankar Singh, Adv For the Opposite Party/s :

Mr. J.K.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-01-2021 Learned learned counsel for the petitioner and learned APP for the State. Learned counsel for the petitioner has filed an undertaking to remove all defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

2. The petitioner is in custody since 03.10.2018 in connection with Rail Darbhanga P.S. Case No. 235 of 2018 for the alleged offences under Section 394 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated in connection with looting of a purse containing Rs. 10,000/- from the informant's cousin Ram Karan Yadav from the Darbhanga Railway Station and giving knife blow on his abdomen. No recovery of any looted articles has been made from the conscious possession of the petitioner and he has already suffered more than two years in custody since his arrest on 03.10.2018.

4. Learned APP appears and opposes the bail petition, inviting reference to the observations in the impugned order. It

Patna High Court CR. MISC. No.32155 of 2020(3) dt.11-01-2021 2/2 has been stated that the knife in question was recovered on identification of the petitioner, so also the mobile and SIM was also recovered. The petitioner is identified in the test identification parade and also from his photograph. The petitioner has been accused in five prior cases, while two cases have been instituted after the present case.

5. Having regard to the nature of accusations and gravity of offence alleged, this Court is not inclined to grant the privilege of bail to the petitioner. The bail petition stands dismissed.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) Chandran/- U T