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Patna High CourtCR. MISC./42380/2014rejected

Dilsad v. The State Of Bihar

2015-03-30Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42380 of 2014 Arising Out of PS.Case No. -126 Year- 2012 Thana -NARPATGANJ District- ARRARIA ====================================================== Dilsad, Son of Aziz, Resident of Village - Bairiya, P.S.- Narpatganj, District - Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar Mandal, Advocate. For the Opposite Party/s : Mr. Ashraf Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-03-2015 Heard both sides.

The petitioner seeks bail in Narpatganj P.S. Case No. 126 of 2012, registered for the offences punishable under Section 302 and other Sections of the Indian Penal Code and Section 27 of the Arms Act.

The informant named 20 persons in the FIR. On the order of Irsad, Tabrez fired which hit on the shoulder of the father of the informant. The petitioner is alleged to have fired upon the sister-in-law of the informant in her head.

Learned counsel for the petitioner submits that there is counter version bearing Narpatganj P.S. Case No. 127 of 2012 and many witnesses have supported this fact.

It appears that there is very specific allegation against the petitioner that it was he who fired which hit on the head of the

Patna High Court Cr.Misc. No.42380 of 2014 (4) dt.30-03-2015 2/2 sister-in-law of the informant and sister-in-law of the informant died.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on bail. Accordingly, the same is rejected.

However, the trial court is directed to expedite the trial and conclude the same within two years.

(Prabhat Kumar Jha, J.) KKSINHA/- U T