Phitun Singh @ Raju Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68387 of 2021 Arising Out of PS. Case No.-64 Year-2020 Thana- CHUTIA SAHAYAK District- Rohtas ====================================================== Phitun Singh @ Raju Singh, Son of Bachru Singh @ Bachcha Singh, Resident of Village - Ratan Garh, P.S.- Kandi, District - Jharkhand. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shankar Kumar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 21-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Chutia (Yadunathpur O.P.) P.S. Case No. 64 of 2020 registered for the alleged offences under Section 302 of the Indian Penal Code.

As per prosecution case, the petitioner is the son-inlaw of the informant and the allegation against him is that he used to beat his wife, the daughter of the informant. Further, she used to stay at the place of her father and on the fateful day, the petitioner came to his matrimonial home and suddenly closed the door and assaulted the daughter of the informant with knife

Patna High Court CR. MISC. No.68387 of 2021(4) dt.21-09-2022 2/2 causing a number of injuries on her body and she succumbed to her injury while being taken to the hospital. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case merely on suspicion and no one else saw the occurrence. The FIR has been lodged after delay of 15-16 hours. The petitioner was not arrested from the spot and nothing incriminating has been recovered from his conscious possession. The petitioner is in custody since 07.08.2020 and charge-sheet has been submitted.

Learned APP opposes the prayer for bail.

Having regard to the specific allegation against the petitioner, which is corroborated by the post mortem report as well as the witnesses examined during investigation and the statements recorded in the case diary, I am not inclined to grant bail to the petitioner. Hence, the prayer for bail is rejected. However, the trial court is directed to expedite the trial and conclude the same at the earliest.

(Arun Kumar Jha, J) Rajnish/- U T