Subodh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49729 of 2019 Arising Out of PS. Case No.-39 Year-2018 Thana- NATIONAL HIGHWAY DistrictSamastipur ====================================================== SUBODH RAM S/o Dinesh Ram Resident of Village- Rahimabad, P.S.- N.H. Bangra, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar Roy For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-03-2020 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 08.10.2018 in a case registered for the offences punishable under Sections 120B, 201 and 302/34 of the IPC.

The prosecution case, as per the fardbeyan of Baidhnath Ram, recorded by Amjad Ali on 14.05.2018, is to the effect that the father of the petitioner, Dinesh Ram used to create dispute with the son of the informant, Rajkumar, as a result, the daughter-in-law of the informant used to reside at her parents' house, as a result, the son of the informant was residing alone. On 10.05.2018 at about 5 P.M., all the five FIR named accused persons including the petitioner assaulted the son of the

Patna High Court CR. MISC. No.49729 of 2019(5) dt.17-03-2020 2/3 informant and gave him life threat and since then the son of the informant went missing. On 14.05.2018, the informant came to know that his son has been killed and his dead body has been concealed in the septic tank of the father of the petitioner. It is submitted by learned counsel for the petitioner that there is no eye-witness to the alleged occurrence and in the background of earlier dispute, the accusation has been levelled against the petitioner. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP, after going through the case diary submits that though there is no eye-witness to the alleged occurrence, but the dead body of the son of the informant was recovered from the septic tank of the father of the petitioner and the petitioner is named in the FIR with specific accusation. Considering the nature of accusation, this Court is not inclined to grant bail to the petitioner for the present. Accordingly, the prayer for bail of the petitioner is rejected in connection with N.H. Bangra P.S. Case No. 39 of 2018, pending in the Court of learned Additional Chief Judicial Magistrate-III, Samastipur.

However, if the trial will not be concluded within a

Patna High Court CR. MISC. No.49729 of 2019(5) dt.17-03-2020 3/3 period of six months, the petitioner will be at liberty to renew his prayer for bail.

Accordingly, the present application is disposed of. (Dinesh Kumar Singh, J) Amrendra/- U T