Rajendra Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37708 of 2020 Arising Out of PS. Case No.-79 Year-2019 Thana- INARWA District- West Champaran ====================================================== RAJENDRA BAITHA, SON OF LATE HALMAT BAITHA RESIDENT OF VILLAGE - DIULIYA, P.S. - INARWA, DISTRICT - WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-02-2021 Heard Mr. Umesh Chandra Verma, learned counsel for the petitioner and Mr. Ram Priya Sharan Singh, learned APP for the State.

The petitioner seeks bail in connection with Inarwa P. S. Case No. 79 of 2019 dated 31.12.2019, instituted for offences under Sections 302 and 34 of the Indian Penal Code.

On the orders of Sripati Devi and the petitioner

Patna High Court CR. MISC. No.37708 of 2020(2) dt.05-02-2021 2/3 himself, the husband of the informant was assaulted. The petitioner is alleged to have assaulted the husband of the informant along with other persons, who succumbed to the injuries.

One lady, who also has been made accused along with the petitioner, has been granted bail. There is no external injury on the person of the deceased but on dissection, the death was found to be homicidal and caused by the internal injuries suffered by the deceased.

The petitioner is in custody since 02.05.2020. However, regard being had to the nature of accusation against the petitioner, I am not inclined to grant bail to him.

The petition is rejected.

However, if there is no substantial progress in the case before the court below within the next nine months, the petitioner would be at liberty to approach the trial court for grant of bail and in that event, the

Patna High Court CR. MISC. No.37708 of 2020(2) dt.05-02-2021 3/3 court below shall be under an obligation to record the reasons for the tardy progress of the trial.

(Ashutosh Kumar, J) skm/- U T