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Patna High CourtCR. MISC./70733/2023bail rejected

Sanoj Kumar @ Sanoj Ram v. The State Of Bihar

2023-11-09Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70733 of 2023 Arising Out of PS. Case No.-314 Year-2022 Thana- PIPRA District- East Champaran ====================================================== Sanoj Kumar @ Sanoj Ram Son Of Dahaur Ram Resident Of Village - Kharimal, P.S. - Pipra, District - East Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar, Adv.

For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with S.Tr. No. 720 of 2023, arising out of Pipra P.S. Case No. 314 of 2022 lodged under Sections 302/34 of the I.P.C.

3. As per the prosecution case, the F.I.R. has been lodged against the petitioner and others alleging that the petitioner used to torture the informant's daughter repeatedly for demand of motorcycle. On the date of occurrence, he received information that his son-in-law assaulted his daughter. When the informant reached at his house, he found dead body of his daughter, thereafter the present case has been lodged.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel

Patna High Court CR. MISC. No.70733 of 2023(2) dt.09-11-2023 2/2 submits that he has taken the plea that daughter of the informant was suffering from epilepsy for the last 3 years and she was preparing prasad of Chhat Puja. In the meantime, the attack of epilepsy came and she died.

5. Counsel for the petitioner submits that petitioner is in custody since 31.10.2022 having clean antecedent. He submits that charge has already been framed in this case.

6. Learned counsel for the State opposes the prayer for bail and submits that it has been orally pleaded by the petitioner that she is suffering from epilepsy, but he has not produced a single chit of paper from which it transpires to this Court that she was really suffering from epilepsy.

7. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected.

8. However, the trial court is directed to expedite the trial as earliest as possible.

(Dr. Anshuman, J.) Prakashmani/- U T