Dilip Sah @ Bulbool v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4819 of 2016 Arising Out of PS.Case No. -87 Year- 2015 Thana -PANCHRUKHI District- SIWAN ======================================================
1. Dilip Sah @ Bulbool, Son of Barma Sah, Resident of Village- Jasauli Mouja, P.S.- Pachrukhi, District- Siwan.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Singh For the Opposite Party/s : Mr. Parmanand Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-04-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.
The petitioner seeks bail in a case for the offences punishable under sections 302 and 379/34 of the I.P.C Allegedly, Indu Devi, the mother-in-law of the informant, was assaulted by the petitioner and other co-accused and was thrown in the bushes near Kali temple and during treatment she died. This information was given by Dimpy Kumari to the informant.
Submission is of false implication due to the Pattidari dispute, there is no eye witness of the occurrence, there is no legal and tangible material against the petitioner and the petitioner is suffering in custody since 03.08.2015, to which the learned A.P.P.
Patna High Court Cr.Misc. No.4819 of 2016 (5) dt.29-04-2016 2/2 opposes by submitting that Dimpy Kumari in her statement during investigation vide paragraph- 19 of the case diary has stated that her mother Indu Devi in injured condition told her that the petitioner assaulted her and further she saw the petitioner and Verma Sah fleeing away from the temple.
In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, serious in nature, I am not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with Pachrukhi P.S. Case No. 87 of 2015 pending in the court of C.J.M. Siwan.
(Jitendra Mohan Sharma, J) Abhay/- U T