Patna High CourtCR. MISC./40655/2015dismissed

Brajesh Kumar Roy v. The State Of Bihar

2015-10-29Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40655 of 2015 Arising Out of PS.Case No. -178 Year- 2014 Thana -SIMRI BAKHTIARPUR District- SAHARSA ======================================================

1. Brajesh Kumar Roy son of Kapil Roy resident of village - Balhi, P.S. - Bakhtiyarpur, District - Saharsa.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Md.Nazir Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-10-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is in custody in Bakhtiyarpur P.S. Case No. 178 of 2014 registered under Sections 304(B), 201, 34 of the Indian Penal Code, pending in the Court of learned C.J.M., Saharsa.

The allegation against the petitioner and other coaccused is of killing the daughter of the informant. It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent. He is in custody since 30.07.2015. Charge sheet has been submitted in this case. There is no allegation of tampering with the evidence against the petitioner. It is further submitted that a petition has been filed on

Patna High Court Cr.Misc. No.40655 of 2015 (4) dt.29-10-2015 2/2 behalf of the informant where he has admitted that the present case has been instituted due to mistake of fact. There is no eye witness to the alleged occurrence.

On behalf of the State, it has been submitted that the petitioner is named in the FIR and is the husband of the deceased.

Considering the facts aforesaid, I am not inclined to grant bail to the petitioner and same is rejected. Any how, the trial court is directed to take all necessary steps to expedite the trial and conclude the same preferably within a period of nine months from the date of receipt/production of a copy of this order.

(Sudhir Singh, J) singh/- U T