Patna High CourtCR. MISC./24689/2016rejected

Anarkali Devi v. The State Of Bihar

2016-12-05Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24689 of 2016 Arising Out of PS.Case No. -253 Year- 2015 Thana -MANIYARI District- MUZAFFARPUR ====================================================== Anarkali Devi W/o Ram Sakal Sahni, resident of village + Post.- Chhitrauli, P.S.- Maniyari, District- Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Dr. Anand Kumar, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh-I, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-12-2016 Heard learned counsel for the Petitioner and the State. The Petitioner seeks bail in Maniyari P.S. case No.253 of 2015 instituted for the offence under Sections 302 and 120(B) of the Indian Penal Code, pending in the court of the Judicial Magistrate, 1st class, Muzaffarpur.

Allegation is that the accused persons including the petitioner murdered the son of the informant by means of rod and lathi.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.11.2015 and the charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. There is no eye witness to

Patna High Court Cr.Misc. No.24689 of 2016 (4) dt.05-12-2016 2/2 the alleged occurrence. There is no substantive evidence to suggest her implication in the present case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. The deceased is the son-in-law of the petitioner. His dead body is said to have been found in the house of the petitioner. The onus is upon the petitioner to explain the cause of death of the deceased.

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

(Sudhir Singh, J) Narendra/- U T