Patna High CourtCR. MISC./47576/2016rejected

Pankjee Devi v. The State Of Bihar

2017-02-02Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.47576 of 2016 (3) dt.02-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47576 of 2016 Arising Out of PS.Case No. -508 Year- 2016 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Pankjee Devi wife of Arun Mandal, Resident of Village- Gahtara, P.S. Khagaria (Gangaur), District- Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bishweshwar Ram For the Opposite Party/s : Mr. Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 02-02-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is in custody since 24.08.2016 in connection with Khagaria (Gahgaur) P.S. Case No. 508 of 2016/ G.R. No. 1454 of 2016 registered under Sections 302 of the Indian Penal Code and 27 of the Arms Act.

Accusation is of murder.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has not committed any offence rather he has falsely been implicated in this case due to village politics. From perusal of F.I.R. it appears that there is no eye witness to the occurrence who supports the implication of this petitioner in the alleged occurrence. Even no specific allegation has been leveled against this petitioner rather the F.I.R. has been lodged against unknown and merely of

Patna High Court Cr.Misc. No.47576 of 2016 (3) dt.02-02-2017 suspicion, this petitioner has been implicated in this case. Learned A.P.P. has vehemently opposed the prayer for bail of this petitioner.

Considering the facts and circumstances of the case and the nature of accusation, this Court is not inclined to grant privilege of bail to the petitioner. Accordingly, this application is rejected. However, the petitioner may renew the prayer for bail after framing of charge.

(Arvind Srivastava, J.) brajesh/- U T