Ganesh Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42582 of 2021 Arising Out of PS. Case No.-5 Year-2018 Thana- SUHAIL District- Gaya ====================================================== Ganesh Sao, Son of Late Nageshwar Sao, Resident of Village- Sindha, P.S.- Naudiha Bazar, District- Palamu (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Javed Jafar Khan, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 29-06-2022 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, within a period of four weeks from today.

Heard Md. Javed Jafar Khan, learned counsel for the petitioner and the learned Additional Public Prosecution for the State The application for grant of bail to the petitioner, who is in custody in connection with Suhail P.S. Case No. 05 of 2018 registered for the offences under Section 302 of the Indian Penal Code.

As per the prosecution case, it is alleged that the marriage of the daughter of the informant was solemnised with the petitioner twelve years back and it is alleged that on

Patna High Court CR. MISC. No.42582 of 2021(5) dt.29-06-2022 2/3 19.04.2018, the husband of the deceased stabbed knife into her stomach and back side, however, the deceased anyhow managed to escape from there and reached the house of the informant and fell down in unconscious position, wherefrom she was brought to hospital and later on, she died on 19.04.2018. Learned counsel appearing on behalf of the petitioner submits that there is no eye witness to the alleged occurrence and moreover, the statement of the deceased, who died after two days of the occurrence, has not been recorded. It is further alleged that this petitioner having clean antecedent is in custody since 04.09.2019 and moreover, the entire investigation of the crime is already completed. It is also submitted that during the course of investigation, other witnesses have also not supported the prosecution case.

On the other hand, learned APP for the State opposed the bail application and submits that there is specific allegation against this petitioner that he inflicted knife blow over the abdomen and back side of the deceased, due to which she succumbed to the injuries. It is also submitted that during the course of investigation statement of the son of the deceased was recorded in which he categorically stated that at about 1.00 AM when her mother was crying, he saw that his father was having a

Patna High Court CR. MISC. No.42582 of 2021(5) dt.29-06-2022 3/3 knife in his hand was running behind his mother. Having considered specific nature of accusation as also the statement of the son of the deceased, this court is not persuaded to enlarge the petitioner on bail.

Accordingly, the prayer for bail of the petitioner is rejected.

However, from the status report it appears that the present case has already been committed to the Court of Sessions on 19.04.2022, it is expected that the learned trial court will ensure speedy disposal of the case.

(Harish Kumar, J) uday/- U T