Patna High CourtCR. MISC./26221/2016dismissed

Rajesh Bind v. The State Of Bihar

2016-08-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26221 of 2016 Arising Out of PS.Case No. -3 Year- 2016 Thana -KAARAMCHAT SAHAYAK DistrictBHABHUA (KAIMUR) ====================================================== Rajesh Bind Son of Ram Naresh Bind Resident of Village- Kukudha, PS Karamchat, District Kaimur at Bhabua.

.... .... Petitioner/s

Versus

The State of Bihar .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-08-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 328, 302 and 201/34 of the Indian Penal Code. Allegation against the petitioner, who is husband of the deceased, is that he along with other family members used to torture daughter of the informant (deceased). Ultimately, they administered poison to her to death and cremated her dead body. It has been submitted on behalf of the petitioner that he is in custody since 28.1.2006. Chargesheet has been submitted against the petitioner. He has got no criminal antecedent. No allegation of tampering of witnesses is alleged against the petitioner.

The alleged occurrence is said to have taken place after 13 years of the marriage. There is no eye witness to the alleged occurrence nor there is any substantive evidence to suggest implication of the petitioner in the present case. On behalf of the State, it is submitted that petitioner is husband of the deceased. Onus is upon him to prove the case of death of the deceased.

Considering the aforesaid facts and circumstances, I am

Patna High Court Cr.Misc. No.26221 of 2016 (3) dt.18-08-2016 2/2 not inclined to grant bail to the petitioner, same is rejected. The court below, i.e., learned Addl. District and Sessions Judge-Vth, Kaimur at Bhabua, is directed to take all necessary steps to expedite the trial in connection with S. Tr. No. 140/305 of 2016 arising out of Karamchat P. S. Case no. 3 of 2016 (G.R. no. 159 of 2016).

(Sudhir Singh, J) sudip/- U T