Sumit Kumar @ Laddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61255 of 2018 Arising Out of PS. Case No.-178 Year-2018 Thana- MUFFASIL District- West Champaran ====================================================== Sumit Kumar @ Laddu S/o Dinesh Prasad R/o Village-Chargaha, P.S.-Bettiah Muffasil, District-West Champaran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-11-2018 Petitioner prays for bail in connection with Bettiah Muffasil P.S.Case No. 178 of 2018 registered for the offences punishable under Sections 324, 307, 34 and 316 of the Indian Penal Code.

Petitioner is the informant in this case and allegation as per FIR is that while he was going along with his wife some miscreants came and one Nagendra Patel fired, causing injury to his wife due to which pregnancy of his wife was miscarriaged. It further appears that later on statement of the victim wife was recorded and she has named this petitioner.

Submission of learned counsel for the petitioner is that statement of the wife was recorded at belated stage though she was in conscious condition and that shows false implication of the petitioner. Further submission is that wife of the petitioner

Patna High Court Cr.Misc. No.61255 of 2018(3) dt.28-11-2018 2/2 was not in a position to see the occurrence and further there is no corroboration between the statement of the wife and the statement of her mother in court and petitioner is in custody since 28.6.2018.

Heard learned APP also, who has opposed the prayer for bail stating that injured wife has herself stated against the petitioner.

Having heard both sides and in the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner.

However, let the trial be expedited.

With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T