Bijendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8 of 2022 Arising Out of PS. Case No.-297 Year-2018 Thana- SALIMPUR District- Patna ====================================================== Bijendra Kumar, Son of Late Devvnand Paswan, Resident Of VillageKarauta, P.S. Salimpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukul Jee, Advocate For the State :

Mr.Jitendra Kumar Singh, APP For the O.P. No.2 :

Mr. Niranjan Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-11-2022 Heard learned counsel for the petitioner and learned APP for the State as well as learned counsel for the informant. Let the defect (s), as pointed out by the office, be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Sessions Trial No. 971 of 2019 arising out of Salimpur P.S. Case No. 297 of 2018 registered for the alleged offences under Sections 302, 120B/34 of the Indian Penal Code. As per prosecution case, the informant received information about death of the sister of his wife and on inquiry being made by the informant, he came to know that the petitioner and his second wife killed his sister-in-law. The petitioner is the father of the deceased. The killing took place in

Patna High Court CR. MISC. No.8 of 2022(4) dt.15-11-2022 2/3 the background of insistence of the second wife of the petitioner to register some land in her name.

The learned counsel for the petitioner submits that the petitioner is the father of the deceased and it is not believable that he would murder his own child. There is no eye-witness to the occurrence and the son-in-law of the petitioner has falsely implicated the petitioner in this case in order to grab the land of the first wife of the petitioner. Learned counsel further submits that the co-accused Ramprit Paswan has been granted bail vide order dated 15.05.2019 passed in Cr. Misc. No. 14914 of 2019 by a Co-ordinate Bench of this Court. Petitioner is in custody since 28.10.2018.

Learned APP as well as learned counsel for the informant vehemently oppose the submission made on behalf of the petitioner. Learned counsel for the petitioner submits that the petitioner committed a heinous crime of murder of his own daughter. He tried to dispose of the dead body and due to opposition by the villagers, the dead body could not be disposed of. Learned counsel further submits that the blood-stained pillow and shirt were recovered from the possession of this petitioner when he was apprehended. The witnesses examined during investigation have also supported the prosecution case.

Patna High Court CR. MISC. No.8 of 2022(4) dt.15-11-2022 3/3 Perused the records.

Having regard to the facts and considering the serious and grave nature of allegation against the petitioner, I am not inclined to grant bail to the petitioner. Hence, the prayer for bail is rejected.

However, the learned trial court is directed to expedite the trial and take all possible steps for early conclusion of the trial preferably within a period of nine months. (Arun Kumar Jha, J) balmukund/- U T