Patna High CourtCR. MISC./12573/2016rejected

Manoj Dome v. The State Of Bihar

2016-05-05Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12573 of 2016 Arising Out of PS.Case No. -468 Year- 2015 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Manoj Dome Son of Late Bonu Dome Resident of Mohalla - Pul Ghat Barari, P.S. Barari, District - Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Manoj Kumar For the Opposite Party/s : Mr. Ram Sevak Choudhary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-05-2016 Heard the learned counsel for the petitioner and the learned A.P.P. representing the State.

The petitioner seeks bail in connection with Kotwali (Barari) P.S. Case No. 468 of 2015 registered for the offences punishable under Section 302/34 of the Indian Penal Code. Allegedly, the petitioner after snatching one month old daughter of the informant from her lap threw her down resulting the daughter of the informant died. Submission is of false implication and that the petitioner is the brother of the informant and due to some dispute, he has been implicated, the prosecution version appears not probable and reliable, there is no other eye-witness of the

Patna High Court Cr.Misc. No.12573 of 2016 (3) dt.05-05-2016 2/2 occurrence and the petitioner is suffering in custody since 02.01.2016.

Learned A.P.P. opposes the prayer of bail by submitting that the petitioner has committed heinous crime and the medical evidence also corroborates the prosecution version. 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 and accordingly, his such prayer stands rejected in connection with Kotwali (Barari) P.S. Case No. 468 of 2015 pending in the court of learned Chief Judicial Magistrate, Bhagalpur.

(Jitendra Mohan Sharma, J) ajaypd./- U T