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Patna High CourtCR. MISC./17589/2015rejected

Sonu Bind @ Sanoj Bind v. The State Of Bihar

2015-10-27Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17589 of 2015 Arising Out of PS.Case No. -172 Year- 2014 Thana -KADWA District- KATIHAR ======================================================

1. Sonu Bind @ Sanoj Bind son of Haricharan Bind Resident of Village - Lohari Bindtola, P.S. - Dandkhora, District - Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Suresh Prasad Sah @ Baranwal For the Opposite Party/s : Mr. Veena Rani Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 27-10-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is named in the first information report with specific allegation that having entered into the house of the informant, he made attempt to establish physical relation with deceased and when he could not succeed in his attempt, he poured Kerosene Oil and lit fire on the body of the deceased. The informant claimed that he had seen the petitioner fleeing from the place of occurrence and when he reached near the deceased, the deceased disclosed the name of the petitioner and the manner in which, she was caught in fire. Learned counsel for petitioner submits that one mobile set is said to have been recovered from the place of

Patna High Court Cr.Misc. No.17589 of 2015 (5) dt.27-10-2015 2/2 occurrence but in course of investigation, it came to light that the aforesaid mobile was of one Laddu Mahto and not of the petitioner. It is further contended by him that the injuries, found on the person of the deceased, suggest that deceased was not in a position to speak a single word after the occurrence. Considering the above-said facts and circumstances of the case as well as submission of the parties, I do not think it proper to release the petitioner on bail and accordingly, his prayer for bail in connection with Kadwa P.S. Case No. 172 of 2014 pending in the court of learned Chief Judicial Magistrate, Katihar stands rejected.

However, learned Chief Judicial Magistrate/concerned court, Katihar is directed to commit the case of the petitioner to the court of sessions in accordance with law within three weeks from the date of receipt/production of copy of this order, if, the same has not been committed to the court of sessions, as yet and after commitment, the trial court should expedite the trial of the petitioner and try to conclude the same as early as possible. (Hemant Kumar Srivastava, J) A.K.V./- U T