Indal Kamat @ Inderdeo Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59811 of 2019 Arising Out of PS. Case No.-393 Year-2019 Thana- SUPAUL District- Supaul ====================================================== Indal Kamat @ Inderdeo Mandal Son of Sri Shivnarayan Kamat @ Shivnarayan Mandal, Resident of Vilage-Kariho, P.S. and District-Supaul. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjay Kumar Singh, Advocate For the Opposite Party/s :

Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Supaul P.S. Case No. 393 of 2019 registered for the offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has been roped in by the Police merely on suspicion and there is no eye witness to the occurrence. It is further submitted that at the time of alleged occurrence the petitioner was not present in the house.

Learned A.P.P. for the State has opposed the prayer for bail.

Considering the facts and circumstances of the case, wherein it is found from the records that the wife of the

Patna High Court CR. MISC. No.59811 of 2019(3) dt.27-11-2019 2/2 petitioner was stabbed inside the house and it is the prosecution case that this petitioner was not having good matrimonial relationship with his wife and the petitioner was not found in the house when the informant reached on the information received from the co-villagers and in course of investigation nothing has been brought to the notice of the Investigating Agency to explain the circumstance under which the wife of petitioner was stabbed inside the house, petitioner being husband, this Court is not inclined to grant regular bail to the petitioner.

Learned counsel for the petitioner has submitted that now the informant has given an affidavit in the court below saying that he had been made to sign on the blank paper before the police authority on assurance that the paper will be used for legal purposes but later on the police seems to have converted the same against the petitioner, the plea is not acceptable to this Court at this stage. The application is dismissed. The trial court is directed to proceed with the trial, all efforts be taken to complete the trial as early as possible preferably within 9 months.

(Rajeev Ranjan Prasad, J) avin/ved U T