Gautam Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3365 of 2021 Arising Out of PS. Case No.-161 Year-2020 Thana- BIDUPUR District- Vaishali ====================================================== Gautam Pandey Son Of Amar Nath Pandey Resident Of Village - Mile, P.S. - Bidupur, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Ambastha For the Opposite Party/s :

Mr. APP For the Informant :

Ms. Kritika Sakshi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-07-2021 Heard the parties in virtual Court proceeding. The petitioner is languishing in custody for the offences punishable under Sections 364/302/34 of the Indian Penal Code in connection with Bidupur P.S. Case No. 161 of 2020.

According to FIR, the petitioner and others kidnapped to Rajiv Kumar and took him to the house of the petitioner where he was bitterly assaulted. Police came then Rajeev was taken out. He was sent for treatment where he died. Some other witnesses have also supported the prosecution case as stated in the FIR; whereas few witnesses stated before the police that there was love-affairs between the daughter of the petitioner and the deceased and the deceased used to meet her off and on. On the

Patna High Court CR. MISC. No.3365 of 2021(5) dt.14-07-2021 2/2 fateful night he had gone to meet the daughter of the petitioner where he was assaulted by the petitioner and others which resulted in death. The petitioner is in custody since one year four months.

Learned counsel for the informant opposed the prayer for bail.

Considering the nature of allegation against the petitioner, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail is refused. The trial Court is directed to expedite the trial.

(Birendra Kumar, J) Mkr./- U T