Bhaskar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17079 of 2017 Arising Out of PS.Case No. -22 Year- 2012 Thana -MATIHANI District- BEGUSARAI ====================================================== Bhaskar Kumar, S/o Sunil Mishra, All Residents of Village- Pachamba, P.S.- Muffasil (Sindhaul), District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Satyendra Narayan Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-06-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Matihani P.S. Case No. 22 of 2012, registered for the offences punishable under Sections 304(B), 201/34 of the Indian Penal Code. Allegedly, Shivani Kumari the daughter of the informant was married to the petitioner in January, 2011 and due to non-fulfillment of demand of cash of Rs. 50,000/- and motorcycle the petitioner and other co-accused killed her and made the dead body traceless.

Submission is of false implication and that it was the habit of the wife of the petitioner to flee away to her Naihar and she was living in her Naihar and it reveals that the informant has lodged this false case with concocted story. The father of the

Patna High Court Cr.Misc. No.17079 of 2017 (3) dt.21-06-2017 2/2 petitioner has lodged informatory petition in the court of C.J.M., Begusarai on 29.02.2012 bearing Informatory petition No. 1505 of 2012 vide Annexure-2, no demand was made at any point of time, all the allegations are concocted, the petitioner is in custody since 31.12.2016 and, as such, he deserves sympathetic consideration. The learned A.P.P. opposes the prayer of bail by submitting that during investigation the witnesses have supported the allegation and chargesheet has already been submitted. In the facts and circumstances as stated above, considering the allegations attributed against the petitioner, I am not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected in connection with Matihani P.S. Case No. 22 of 2012, pending in the Court of learned Chief Judicial Magistrate, Begusarai.

However, considering the detention of the petitioner, let the trial be expedited and concluded as early as possible preferably within nine months.

(Jitendra Mohan Sharma, J.) Rajiv/- U T