Dhobi Ravidas @ Dhobi Rabidas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44984 of 2016 Arising Out of PS.Case No. -267 Year- 2015 Thana -KHAIRA District- JAMUI ====================================================== Dhobi Ravidas @ Dhobi Rabidas Son of late Shibu Ravidas resident of village - Bishanpur, P.S. - Khaira, District - Jamui (Bihar) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar Sinha, Advocate For the Opposite Party/s : Mr. Sanjay Kr.Pandey(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 14-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 27.06.2016 in connection with Khaira P.S. Case No. 267 of 2015 pending in the Court of Chief Judicial Magistrate, Jamui registered for the offence punishable under Sections 448, 324 and 307/34 of the Indian Penal Code.

The prosecution case is that petitioner along with others came to the house of the informant and the allegation against the petitioner is of giving a knife blow on the person of the wife of the informant, Fulia Devi.

It has been submitted by the learned counsel for the petitioner that informant's wife used to sell country made wine,

Patna High Court Cr.Misc. No.44984 of 2016 (4) dt.14-12-2016 2/2 which was objected by the petitioner and other co-accused and earlier a case was lodged by the petitioner's side against the informant. He submits that from perusal of various paragraphs of the case diary, it will appear that witnesses have stated that the petitioner was not present at the time of occurrence. He submits that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence. However, learned A.P.P. for the State submits that the petitioner is named in the First Information Report and as per injury report, injuries found on the person of the wife of the informant are grievous and she is still undergoing treatment, hence, opposes the prayer for bail.

Having heard the parties, I am not inclined to grant the privilege of bail to the petitioner at this stage. This application is, accordingly, rejected.

(Nilu Agrawal, J.) Arjun/- U T