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Patna High CourtCR. MISC./35396/2016rejected

Lakhindra Sahani v. The State Of Bihar

2016-12-22Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35396 of 2016 Arising Out of PS.Case No. -186 Year- 2015 Thana -MAHESI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Lakhindra Sahani S/o Jhagru Sahani R/o Village- Kodhiya, Hariram,P.S. Mehsi, District East Champaran, Motihari.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sharda Nand Mishra For the Opposite Party/s : Mr. Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 22-12-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Section 302 of the Indian Penal Code. Petitioner happens to be father of the deceased and it is alleged that he threw one year child on earth as a result whereof, the aforesaid child died.

Submission on behalf of the petitioner is that the informant lodged this false case against the petitioner because she wanted to remarry with another person and as a matter of fact, the deceased fell on the earth accidentally and subsequently, she was declared brought dead by the doctor.

Patna High Court Cr.Misc. No.35396 of 2016 (5) dt.22-12-2016 2/2 Regard being had to the aforesaid submissions as well as facts and circumstances of the case, I am not inclined to release the petitioner on bail and hence, his prayer for bail in connection with Sessions Trial No. 612 of 2015 arising out of Mehsi P.S. Case No. 186 of 2015 pending in the court of 14th Additional Sessions Judge, Motihari stands rejected, at least, at this stage.

However, learned trial court is directed to expedite the trial of the petitioner and try to conclude the same as early as possible, preferably within six months from the date of receipt/production of copy of this order, failing which the petitioner may renew his prayer for bail before the learned trial court itself.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T