Patna High CourtCR. MISC./50151/2016rejected

Santosh Kumar @ Santosh Yadav v. The State Of Bihar

2017-01-09Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50151 of 2016 Arising Out of PS.Case No. -101 Year- 2015 Thana -HISUA District- NAWADA ====================================================== Santosh Kumar @ Santosh Yadav, Son of Ramdeo Yadav, Resident of Village- Chitargatti, P.S.- Hisua, District- Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate. For the Opposite Party/s : Mr. Tapeshwar Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-01-2017 Heard learned counsel for the petitioner and learned A.P.P. appearing on behalf of the State.

The petitioner seeks bail in Hisua P.S. Case No. 101 of 2015 registered under Sections 304(B), 201, 34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that except that the petitioner is the husband of the deceased, no specific allegation is made against him in the F.I.R. It has further been submitted that from perusal of the F.I.R. itself it appears that the petitioner has informed the family member of the deceased and in presence of the family members, the dead body of the deceased was disposed off. Later on, this case has been lodged against the petitioner and others and there is a delay of two days in lodging of the F.I.R. It has also been submitted that the petitioner

Patna High Court Cr.Misc. No.50151 of 2016 (3) dt.09-01-2017 2/2 is in custody since 04.09.2016.

Heard learned A.P.P. also. Learned A.P.P. has opposed the prayer for bail of the petitioner on the ground that there is specific allegation against the petitioner and others. It is also alleged that the accused persons including the petitioner have killed the deceased and disposed off her dead body. Having heard both sides and in view of the facts stated above and the materials available on record, I am not inclined to enlarge the petitioner on bail in Hisua P.S. Case No. 101/2015. Accordingly, the prayer for bail of the petitioner is rejected.

However, the learned court below is directed to expedite the trial.

(Vinod Kumar Sinha, J) Dilip/- U T