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Patna High CourtCR. MISC./12601/2015rejected

Santosh @ Santosh Ravidas @ Nijak Ravidas v. The State Of Bihar

2015-08-28Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12601 of 2015 Arising Out of PS.Case No. -209 Year- 2014 Thana -AMDABAD District- KATIHAR ======================================================

1. Santosh @ Santosh Ravidas @ Nijak Ravidas Son of Suddam Ravidas resident of village - Garad Tola, Police Station - Amadbad, District - Katihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Ram Naresh Roy(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 28-08-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in jail custody since 14.12.2014 in connection with Amdabad P.S.Case No. 209 of 2014 for the alleged offence under Section 302/34 of the Indian Penal Code.

The prosecution story, in brief, is that one Md. Nijamuddin gave his fardbeyan before the Sub Inspector of Amadabad Police Station on 12.12.2014 at 11.00 A.M. alleging therein , inter alia, that he is residing at Charra Mari after leaving his first wife since last 4-5 years and his first wife has a daughter namely Jahanur Begam who was married in village Bangarba (West Bengal) and her husband left her 7-8 years back saying that

Patna High Court Cr.Misc. No.12601 of 2015 (5) dt.28-08-2015 2/2 she is mentally ill and since then she is residing in her Nanihal and her Nana gave two Bighas of land for her maintenance. Today in the morning at 9 A.M. he learnt that Mubarak and Santosh @ Nijak Ravidas killed his daughter by cutting her neck and ear on which he along with other co-villagers came there and found his daughter lying dead on a cot and the people caught Mubarak and enquired on which he admitted before the villagers that he along with Santosh Ravidas killed Jahanur in the night. He further claimed that Mubarak and his friend Santosh killed Jahanaur for grabbing the two Bighas of land.

It has been submitted by the learned counsel for the petitioner that it is on the confessional statement of co-accused, Mubarak, who has confessed before the villagers, that the petitioner has been falsely implicated in the said case. Be that as it may, I am not inclined to grant privilege of bail to the petitioner. The application for bail of the petitioner is rejected.

However, the trial court is directed to conclude the trial within a period of one year.

(Nilu Agrawal, J) singh/- U