Pradeep Kumar Gond v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62219 of 2021 Arising Out of PS. Case No.-275 Year-2021 Thana- BUXAR MUFFSIL District- Buxar ====================================================== PRADEEP KUMAR GOND S/o Kameshwar Prasad Gond R/o villagePawani, P.S.- Buxar (M), District- Buxar. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Digvijay Kumar Ojha For the Opposite Party/s :
Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 20-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Buxar (M) P.S. Case 275/2021, registered for the offence punishable under Sections 302 & 201 of the Indian Penal Code. As per prosecution case, accusation against the petitioner is that he committed murder of informant's sister by pushing her into well.
Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The petitioner is languishing in custody since 24.07.2021 and bears no criminal antecedent. There is no eye witness of the alleged occurrence. Hence, there is no material on record for making offences under Section 302 and 201 of the Indian Penal
Patna High Court CR. MISC. No.62219 of 2021(6) dt.20-09-2022 2/2 Code.
The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner and submits that there is motive attributed to the petitioner that the petitioner has illicit relation with other lady and the postmortem report of deceased indicates that she died on account of drowning in well. Considering the facts and circumstances of the case, nature of accusation levelled against the petitioner as well as material available on record coupled with the postmortem report, I am not inclined to grant bail to the petitioner. Hence, prayer for bail of the petitioner stands rejected. However, if trial is not concluded within six months from the date of receipt / production of copy of this order, the petitioner may renew his prayer for bail.
(Alok Kumar Pandey, J) amitkumar/- U T