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Patna High CourtCR. MISC./6800/2016rejected

Munna Singh @ Rajnish Kumar v. The State Of Bihar

2016-04-08Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.6800 of 2016 (3) dt.08-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6800 of 2016 Arising Out of PS.Case No. -16 Year- 2015 Thana -KIHIRI MORE District- PATNA ======================================================

1. Munna Singh @ Rajnish Kumar S/o Taleshwar Singh R/o VillageRaghunathpur, P.s Khirimore, District Patna..... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. R.B.Roy Raman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-04-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Khirimore P.S. Case No. 16 of 2015 registered for the offences punishable under Sections 302, 120B, 201/34 of the Indian Penal Code.

Allegedly, Nilu Devi, the daughter of the informant was killed by the petitioner and other in-laws and her dead body was also made traceless. During investigation besides other witnesses Anajli Kumari aged about 10 years the daughter of the petitioner has stated that the petitioner used to assault her mother and further the dead body in burnt condition was recovered kept in a plastic bag and Anjali Kumari identified the container of kerosene oil and further the brother and father of the deceased identified the dead body.

Patna High Court Cr.Misc. No.6800 of 2016 (3) dt.08-04-2016 Submission is of false implication and that besides suspicion there is nothing against the petitioner, there was cordial relationship between the petitioner and his wife and out of the wedlock there is a son and a daughter, the daughter of the petitioner only has stated that the petitioner used to assault her mother, other witnesses who are neighbours have stated that they cannot say as to how the wife of the petitioner died. Learned APP opposes the prayer of bail by submitting that the daughter of the petitioner has stated regarding the assault committed by the petitioner and further disposal of the dead body also goes to reveal the hands of the petitioner and others.

In the facts and circumstances stated above, considering the allegation attributed against the petitioner serious in nature, this Court is not inclined to enlarge the petitioner on bail, accordingly, his such prayer stands rejected. However, considering the custody of the petitioner, let the trial be expedited and concluded within nine months.