Manoj Rai @ Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48883 of 2021 Arising Out of PS. Case No.-299 Year-2020 Thana- BIHTA District- Patna ====================================================== MANOJ RAI @ MANOJ KUMAR Son of Umesh Rai Resident of Village - Rambad, Police Station - Maner, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-03-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 302 of the Indian Penal Code.

As per the prosecution case, the informant states that the petitioner herein ie her husband had a fight with her. Thereafter he assaulted their two and half years old child and killed him by throwing him from the terrace of the house. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The contents of the FIR on the very face of it is unbelievable. The allegations are preposterous as against the petitioner who happens to be the father of the child. The manner of occurrence is other than what has been narrated in the FIR. The petitioner is

Patna High Court CR. MISC. No.48883 of 2021(3) dt.21-03-2022 2/2 in custody since 4.5.2020 and five witnesses have been examined on behalf of the prosecution in the trial. The petitioner undertakes to cooperate in the trial.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation in the FIR against the petitioner of having killed the two and half year old child by throwing him from the terrace, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. Learned trial court is directed to expedite the trial and conclude the same at the earliest preferably within 6 months from the date of receipt/communication of this order.

(Partha Sarthy, J) Bibhash/- U