Amod Das @ Amod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46962 of 2018 Arising Out of PS.Case No. -194 Year- 2018 Thana -RUNISAIDPUR District- SITAMARHI ======================================================

1. Amod Das @ Amod Kumar Son of Devendra Das Resident of Village - Gangwara, Tole - Kharpatti, Police Station - Runnisaidpur, District - Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Madhubala Verma For the Opposite Party/s : Mr. Sri Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-09-2018 The petitioner seeks regular bail in connection with Runnisaidpur P.S. Case No. 194 of 2018, registered for offences punishable under Sections 302, 376/34 of Indian Penal Code. Allegation as per F.I.R. is that while informant along with her daughter getting the wheat thrashed, the petitioners were smoking ganja in the adjoining field and were passing filthy comments on the daughter of the informant. Thereafter the informant sent her daughter to Sanju Devi but after some time when the daughter was not found by the informant, she started searching her and found that she was lying dead in the field, where the accused persons were smoking Cigarette and Ganja and it is alleged that petitioner and others committed rape on the daughter of informant and, thereafter, killed her.

It has been submitted on behalf of the petitioner that he has falsely been made accused in this case only on the basis of suspicion and has nothing to do with the alleged occurrence and

Patna High Court Cr.Misc. No.46962 of 2018 (3) dt.20-09-2018 2/2 further there is no eye witness of the occurrence. Petitioner is a student and was not present at the place of occurrence and he has been in judicial custody since 23.04.2018.

Heard learned A.P.P. as well as learned counsel for the informant, they have opposed the prayer for bail and submitted that the petitioners along with others were seen smoking cigarette and ganja near the place of occurrence and, thereafter, the dead body of the deceased was found and she was strangulated to death and her hands were also found broken. It has also been submitted that witnesses including the Sanju Devi has supported the case of prosecution and earlier also the petitioner was alleged to have been involved in these kinds of act of teasing and outraging the modesty of girls, which is evident from the case diary itself. Having heard both sides, considering the fact and circumstances of the case and the nature of allegation, I am not inclined to enlarge the petitioner on bail.

This application is, accordingly, rejected.

However, since the petitioner has been in judicial custody, the learned Trial Court is directed to expedite and conlclude the trial as early as possible (Vinod Kumar Sinha, J) sunil/- U T