Patna High CourtCR. MISC./27501/2017dismissed

Ajay Singh And ANR v. The State Of Bihar

2017-09-13Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27501 of 2017 Arising Out of PS.Case No. -319 Year- 2016 Thana -BANIAPUR District- SARAN ======================================================

1. Ajay Singh, Son of Dadan Singh. null

2. Md. Jamir @ Nanhak @ Jahagir, Son of Late Phul Mohammed, Both are resident of Village- Devlakha Bhiti, Police Station- Baniyapur, DistrictSaran at Chapra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vipin Kumar Singh For the Opposite Party/s : Smt. Indu Bala Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-09-2017 Heard the parties.

The petitioners seek regular bail in Baniyapur P.S. Case No.319 of 2016 registered for the offence under Sections 328 and 302/34 of the I.P.C.

Allegation against the petitioners is that they had taken the husband of the informant along with them in car in the night and next day brought him back to the house of the informant and told her that your husband was lying sleeping on the middle seat of the car, you bring him and she went to bring him she saw that froth was coming from his mouth and he was dead. As such, the

Patna High Court Cr.Misc. No.27501 of 2017 (6) dt.13-09-2017 2/3 petitioners have been made accused.

Submission of the learned counsel for the petitioners is that they have been falsely implicated in this case only on the basis of suspicion and had they killed him they would not have brought him to his house. In fact,the deceased had taken some liquid due to which he died.

Heard learned A.P.P. also.

As this is a case under Section 328 of I.P.C. a report was called for from the F.S.L.. The F.S.L. report of shows that Alchohal Zinc is found in intestine which is used as poisonous substance.

In view of the above fact, considering the circumstance, I am not inclined to grant bail to the petitioner. As such, learned trial court is directed to expedite the trial and conclude as soon as possible preferably within a period of nine months from the date of receipt of a copy of this order With this observation, this application is

Patna High Court Cr.Misc. No.27501 of 2017 (6) dt.13-09-2017 3/3 dismissed.

Office is directed to return the F.S.L. report to the trial court.

(Vinod Kumar Sinha, J) AnilKrSinha/- U