Sikandar Mali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4864 of 2021 Arising Out of PS. Case No.-23 Year-2019 Thana- DARPA District- East Champaran ====================================================== SIKANDAR MALI SON OF SHIVNAN MALI @ SHIVNAND MALI RESIDENT OF VILLAGE-SISWANIYA, POLICE STATION- DARPA, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sangeet Deokuliar For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-01-2021 The present petition has been filed by way of second attempt at the behest of the petitioner for grant of regular bail in connection with Darpa P.S. Case No. 23 of 2019/G.R. No. 255 of 2019 for the offences under Sections 147, 149, 447, 448, 341, 323, 307. 302 and 504/34 of the Indian Penal Code inasmuch as the earlier prayer of the petitioner for grant of bail was rejected by this Court by an order dated 08.06.2020 passed in Criminal Misc. No. 13119 of 2020.

The case of the prosecution in brief is that while the informant, namely, Durga Devi was sleeping in her house in the night of 21.02.2019, at about 9:00 P.M. the petitioner and other co-accused persons had entered inside the house of the house and abused and assaulted her causing injury on her head and right hand. It is further alleged that when the daughter of the

Patna High Court CR. MISC. No.4864 of 2021(2) dt.25-01-2021 2/2 informant had come there to rescue the informant, the accused persons had also assaulted her whereafter the petitioner had snatched the grand daughter of the informant from the lap of her mother and had thrown her on the ground, who subsequently died during the course of treatment.

The learned counsel for the petitioner has submitted that there is no progress of the case before the learned court below and the petitioner is languishing in custody since 02.12.2019.

Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the petitioner and taking into account the materials on record, this Court finds that there is no change in circumstance from the day, the prayer of the petitioner for grant of bail was rejected, till date, hence there is no occasion to reconsider the prayer of the petitioner for grant of bail.

Accordingly, the present petition stands dismissed. (Mohit Kumar Shah, J) S.Sb/- U T