Sahdeo @ Sahab Modi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63968 of 2021 Arising Out of PS. Case No.-324 Year-2020 Thana- AMARPUR District- Banka ====================================================== SAHDEO @ SAHAB MODI SON OF LATE LAKHAN MODI Resident of Village- Amarpur, P.S.- Amarpur, District- Banka. ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Mukherjee, Adv.
For the Informant : Mr. Murlidhar Mishra, Adv. For the State :
Mr.Nand Kishor Prasad, APP, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 17-10-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Amarpur P.S. Case 324 of 2020 registered for the offence punishable under Sections 302/34 of the Indian Penal Code. As per prosecution case, there is allegation against the petitioner is that he killed the informant's wife by setting her on fire.
Learned counsel for the petitioner submits that petitioner in custody since 23.06.2020. Petitioner bears no criminal antecedent. Learned counsel for the petitioner further
Patna High Court CR. MISC. No.63968 of 2021(5) dt.17-10-2022 2/2 submits that he is innocent and has falsely been implicated in this case.
The learned A.P.P. for the State as well as learned Counsel for the informant submits that there is allegation against the petitioner to get the informant's wife burnt and the same is supported and corroborated by postmortem report. Considering the facts and circumstances of the case as well as nature of allegation against the petitioner coupled with postmortem report and material available on record, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner is hereby rejected.
However, the learned trial court is directed to conclude the trial as early as possible preferably within nine months from the date of receipt of this order. If there is no substantial progress in the trial within stipulated period the petitioner may renew the prayer of bail.
(Alok Kumar Pandey, J) alok/- U T