Kailash Gupta v. The State Of Bihar

Patna High Court Cr.Misc. No.54229 of 2015 (3) dt.21-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54229 of 2015 Arising Out of PS.Case No. -13 Year- 2015 Thana -DEODHA District- MADHUBANI ====================================================== Kailash Gupta Son of Shiv Shankar Gupta Resident of Village- Deodha, P.S.- Deodha, District- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Ahmad Ali (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-01-2016 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Deodha P.S. Case No. 13 of 2015 registered for the offence punishable under Section 302/34 of the Indian Penal Code. Kiran Devi, the daughter of the informant was married to petitioner six years ago and thereafter she was hanged to death. Submission is of false implication and that there was cordial relation with the petitioner and his wife and out of the wedlock, there is a son aged about 3 years, the wife of the petitioner being sentimental, committed suicide herself. The child of the petitioner is living with the petitioner inside the jail and

Patna High Court Cr.Misc. No.54229 of 2015 (3) dt.21-01-2016 another co-accused have been allowed bail to which the learned A.P.P. duly assisted by learned counsel for the informant opposes by submitting that the witnesses during investigation have supported the prosecution version and further from inquest and postmortem report, it reveals that there was head injury also on the person of the deceased and the doctor has found the cause of death due to asphyxia as a result of strangulation. In the facts and circumstances stated above considering the allegation attributed against the petitioner, serious in nature, this Court is not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected. However, considering the detention of the petitioner, the trial court is directed to expedite the trial and conclude the same within nine months.

(Jitendra Mohan Sharma, J) sushma/- U T