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Patna High CourtCR. MISC./48966/2016rejected

Md. Imamuddin @ Imamuddin v. The State Of Bihar

2016-12-08Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48966 of 2016 Arising Out of PS.Case No. -35 Year- 2015 Thana -PIYAR District- MUZAFFARPUR ====================================================== MD. IMAMUDDIN @ IMAMUDDIN, son of Md. Halim, resident of village- Rampur- P.S. Piar-Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pancham Lal Jaiswal For the Opposite Party/s : Mr. Sri Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 08-12-2016 Heard the counsel for the petitioner, the State as well as the informant.

The petitioner prays for bail in Piar P.S. Case No. 35 of 2015 registered under section 302 IPC.

The daughter of the victim lodged the case that the shegoat of the accused was grazing the field and she tended her to the house where she was tied. Enraged by this, the petitioner along with his brother arrived at the house and the petitioner inflicted a knife blow in the abdomen of the father of the informant. When her mother came to the rescue, the allegation is that she, too, was inflicted with dagger blow which hit her thigh. On going trough the impugned order, it appears that the trial is already underway/in progress.

Counsel for the informant submits that almost all the

Patna High Court Cr.Misc. No.48966 of 2016 (2) dt.08-12-2016 2/2 prosecution witnesses have been examined in the case. It is stated that the petitioner is in custody since 12.05.2016.

Considering the nature of allegation attributed to the petitioner, the post mortem report as well as the facts that the trial is already in progress/underway, the Court is not inclined to extend the petitioner the privilege of bail. Prayer is accordingly rejected.

(Kishore Kumar Mandal, J) HR/- U T