Patna High CourtCR. MISC./49733/2016dismissed

Md. Yashin v. The State Of Bihar

2017-01-25Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49733 of 2016 Arising Out of PS.Case No. -22 Year- 2016 Thana -AJAMNAGAR District- KATIHAR ====================================================== Md. Yashin, son of Sk. Abdul, resident of village Kandol, P.S. Ajam Nagar, District Katihar .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bimal Kumar, Advocate For the Opposite Party/s : Mr. Sri Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-01-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Azam Nagar P.S.Case No. 22 of 2016 registered under Sections 302/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that though in the FIR it is alleged that the petitioner has assaulted the daughter of the informant by Khurpi, due to which she died but during investigation statement of the wife of the informant was recorded by the I.O. in paragraph-28 of the case diary in which she has not taken the name of the petitioner rather she has named one Soyab as assailant. It is further submitted that there is land dispute between the parties and the petitioner is uncle of the deceased and further that the petitioner is in custody for about nine months. Heard learned APP also.

Patna High Court Cr.Misc. No.49733 of 2016 (3) dt.25-01-2017 2/2 Having heard learned counsel for both sides and considering the fact that there is direct allegation against the petitioner, I am not inclined to grant bail to the petitioner at this stage.

However, the petitioner may renew his prayer for bail in the court below itself after recording evidence of the informant and his wife and if such an application is filed, the learned court below shall consider the same on the materials available on the record and dispose of the same without being prejudiced by the order of this Court.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U