Hiro Rishi v. The State Of Bihar

Patna High Court Cr.Misc. No.54597 of 2016 (4) dt.09-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54597 of 2016 Arising Out of PS.Case No. -175 Year- 2016 Thana -KHAZANIHAT District- PURNIA ====================================================== Hiro Rishi Son of Thithar Rishi Resident of Village-Kabaiya, P.S.-K. Hat (Maranga), District-Purnea .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Praveen Kumar Agrawal For the Opposite Party/s : Mr. Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with K. Hat P.S. Case No. 175 of 2016 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

Allegedly, the petitioner being husband of the daughter of the informant, due to some dispute which has taken place earlier, killed her by roping in her neck with the aid and assistance of coaccused. Submission is of false implication and that the informant is not an eye witness, no one has seen committing the crime, as a matter of fact, the deceased has committed suicide due to some talk regarding family affairs and as such the petitioner who is suffering in custody since 05.05.2016 deserves sympathetic consideration as chargesheet has already been submitted and there

Patna High Court Cr.Misc. No.54597 of 2016 (4) dt.09-02-2017 is no chance of tampering with the prosecution evidence. Learned APP opposes the prayer of bail by submitting that the witnesses during investigation have supported that the petitioner was torturing his wife and further during post mortem examination cause of death has been found due to asphyxia as a result of above mentioned strangulation by ligature. In the facts and circumstances stated above, considering the allegation attributed against the petitioner, this Court is not inclined to enlarge the petitioner on bail, accordingly, his such prayer stands rejected.

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