Shankar Choudhary v. The State Of Bihar

Patna High Court Cr.Misc. No.35693 of 2015 (4) dt.21-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35693 of 2015 Arising Out of PS.Case No. -450 Year- 2014 Thana -RUNISAIDPUR District- SITAMARHI ======================================================

1. Shankar Choudhary son of Raj Nandan Chaudhary, resident of villageLalpur, P.S.- Runnisaidpur, District- Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. N. K. Agrawal, Sr. Advocate Mr. Hans Lal Kumar For the Opposite Party/s : Mr. Veena Rani Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-12-2015 Heard learned Sr. Counsel for the petitioner, learned counsel representing the State and learned counsel for the informant.

The petitioner seeks bail in connection with Runisaidpur P.S. Case No. 450 of 2014 registered for the offence punishable under Sections 302/34 of the Indian Penal Code. Allegedly, the petitioner, in absence of the husband of Guriya Dvi, killed her by strangulating her with rope with the help of other co-accused as Guriya Devi used to oppose the bad conduct of the petitioner.

Submission is of false implication and that the petitioner is the Bhaisur of the deceased, allegation leveled are

Patna High Court Cr.Misc. No.35693 of 2015 (4) dt.21-12-2015 totally false, the petitioner has got no criminal antecedent and as such he deserves sympathetic consideration as he is suffering in custody since 18.05.2015, chargesheet has already been submitted and there is no chance of tampering with prosecution evidence. Learned APP duly assisted by learned counsel for the informant opposes the prayer of bail by submitting that eye witness Ankit Kumar has seen the occurrence and further other witnesses have also supported the allegation that the petitioner and co-accused Kamini Devi strangulated Guriya Devi with rope and prayer of bail of Kamini Devi has already been rejected by another co-ordinate Bench of this Court.

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