Patna High CourtCR. MISC./46982/2019rejected

Mukesh Sah v. The State Of Bihar

2019-09-25Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46982 of 2019 Arising Out of PS. Case No.-412 Year-2018 Thana- GOPALPUR District- Bhagalpur ====================================================== MUKESH SAH Son of Budho Sah Resident of Village - Singhiya Makandpur, P.S.- Gopalpur, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner who is in custody since 10.11.2018 has filed the instant application for grant of bail in connection with Gopalpur P.S. Case No. 412 of 2018 (District- Bhagalpur) registered for the offence punishable under sections 302 and 34 of the Indian Penal Code.

As per the allegation in the FIR, the petitioner is alleged to have strangulated to death his wife and two children. It is submitted by learned counsel for the petitioner that from the documents brought on record it transpires that the deceased was mentally unsound and was under treatment of psychiatrist, Dr. A.K. Jha. He has brought on record the doctor's prescription and EEG examination report of the deceased. It is

Patna High Court CR. MISC. No.46982 of 2019(3) dt.25-09-2019 2/2 further submitted that the petitioner is in custody since 10.11.2018 and has no criminal antecedent.

The application for bail was opposed by learned APP for the State who submits that three persons were strangulated to death by the petitioner. It is further submitted that it has transpired in course of investigation that the petitioner was having illicit relationship with his younger brother's wife which was protested to by the deceased and which led to the occurrence.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner and as such the petitioner's application for bail is rejected. (Partha Sarthy, J) Bibhash/- U