Ram Babu Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17222 of 2016 Arising Out of PS.Case No. -122 Year- 2014 Thana -CHATOUNI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ram Babu Prasad Son of Ram Chandra Prasad Resident of Village- Bangari (Nimuiya) P.S. Ghora-Sahan, District East Champaran. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar No.Iii, Advocate For the Opposite Party/s : Mr. M.K.Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-06-2016 Heard the learned counsel for the petitioner and the learned A.P.P. representing the State.

The petitioner seeks bail in connection with Chhatauni P.S. Case No. 122 of 2014 registered for the offences punishable under Sections 303, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

The wife of the informant, who is now the petitioner, was killed and the petitioner suspected the hands of five F.I.R. named accused persons as earlier also they have tried to kill his wife and for that, case was also registered. During investigation, it transpires that the petitioner was having bad relation with his wife and further, to take revenge from his enemy killed his wife and got implicated them. Submission is of false implication and that besides suspicion, there is nothing against the petitioner and the

Patna High Court Cr.Misc. No.17222 of 2016 (3) dt.23-06-2016 2/2 petitioner without any fault is suffering in custody since 21.01.2016.

Learned A.P.P. opposes the prayer of bail by submitting that the witnesses of the locality have stated that at the time of occurrence, there was no hue and cry and the deceased was sleeping with the petitioner and there was sound of one firing only. The mother and brother of the deceased have also stated that the marital relation of the petitioner with his wife was not good.

In the facts and circumstances stated above, considering the materials collected during investigation, at present, this Court is not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected in connection with Chhatauni P.S. Case No. 122 of 2014 pending in the court of learned Chief Judicial Magistrate, Motihari, East Champaran.

However, the trial court is directed to expedite the trial and to conclude the same preferably within six months after taking the same on priority basis.

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