Patna High CourtCR. MISC./22473/2016dismissed

Rajan Kumar @ Rajan Kumar v. The State Of Bihar

2016-08-03Mr. Justice Sudhir Singh2 pages

Patna High Court Cr.Misc. No.22473 of 2016 (3) dt.03-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22473 of 2016 Arising Out of PS.Case No. -334 Year- 2015 Thana -GOVINDGANJ DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Rajan Kumar @ Rajan Kumar Son of Sri Narayan Prasad, Resident of Village- Barharwa, Police Station- Malahi, District- East Champaran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Birendra Kumar Singh, Advocate For the Opposite Party : Mr. Nityanand Tiwari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody in connection with Govindganj (Malahi) P.S.Case No.334 of 2015 pending in the Court of CJM, Motihari registered for an offence under Section 302 of the IPC.

As per the prosecution case, it is a case of double murder by the accused persons.

Learned counsel for the petitioner submits that the petitioner is in custody since 07.11.2015. Chargesheet has been submitted in the case. Petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses against the petitioner. Petitioner has falsely been implicated in the present

Patna High Court Cr.Misc. No.22473 of 2016 (3) dt.03-08-2016 case. There is no eye witness to the alleged occurrence. The name of the petitioner has come merely on the basis of suspicion. There is no circumstantial evidence to suggest his implication in the present case.

On behalf of the State, it is submitted that the petitioner is named in the FIR. It is a case of double murder. One of the deceased is the daughter of the petitioner. Onus is upon the petitioner to explain the death of his daughter and the other deceased as both dead body are recovered from the house of the petitioner.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner, same is rejected. Anyhow, the trial court is directed to take all necessary steps to expedite the trial.

(Sudhir Singh, J) B.Kr./- U T