Patna High CourtCR. MISC./4906/2017rejected

Dinesh Pandey v. The State Of Bihar

2017-04-12Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.4906 of 2017 (3) dt.12-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4906 of 2017 Arising Out of PS.Case No. -209 Year- 2015 Thana -ARA MUFFSIL District- BHOJPUR ======================================================

1. Dinesh Pandey, Son of Late Ram Singhasan Pandey, Resident of Amarpur Marwatiya, P.S.- Ara Muffasil, District- Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Prabhat Kumar Singh For the Opposite Party/s Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12.04.2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Learned court below has reported that up till now, viscera report has not been submitted by the Investigating officer, though case diary and post mortem report have been sent.

Petitioner happens to be father-in-law of the deceased and there is specific allegation against him that prior to institution of the present case, he had committed rape on the deceased and the aforesaid fact was disclosed by the deceased to her father and other family members and subsequently, deceased was found dead. At paras 10 and 11 of the case diary, own family members of the petitioner made statements against him disclosing this fact that prior to alleged occurrence, deceased had disclosed before them that she was raped by the petitioner.

Considering the aforesaid facts and circumstances as well as

Patna High Court Cr.Misc. No.4906 of 2017 (3) dt.12-04-2017 submissions of the parties, I am not inclined to release the petitioner on bail and, again, his prayer for bail in connection with Ara Mufassil P.S. Case no. 209/2015 pending in the court of Sri Navin Kumar Srivastava, Judicial Magistrate, I st Class, Bhojpur at Ara stands rejected.

shahid (Hemant Kumar Srivastava,J) U T