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Patna High CourtCR. MISC./21330/2017rejected

Bhim Singh v. The State Of Bihar

2017-06-28Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21330 of 2017 Arising Out of PS.Case No. -54 Year- 2013 Thana -KARAI PARSARAI District- NALANDA (BIHARSHARIFF) ====================================================== Bhim Singh, son of Surat Singh @ Suraj Singh resident of village - Medanichak, Police Station Karai Parsurai, District - Nalanda. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Anil Kumar Singh, Advocate.

For the Opposite Party : Mr. Mustaque Alam, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-06-2017 Heard both sides.

The petitioner seeks bail in Sessions Trial No. 93 of 2017 arising out of Karai Parsurai P.S. Case No. 54 of 2013 registered for the offences punishable under Sections 304(B), 201 and 34 of the Indian Penal Code.

The informant alleged that when he visited the house of his sister Neha Devi, his sister was not found inside the house and the husband and other family members were also not present in the house. The neighbours disclosed that on 25.08.2013 the petitioner and his family members brutally assaulted Neha Devi and killed her and thereafter they disposed of the dead body. Learned counsel for the petitioner submits that the petitioner is husband of the deceased but no specific allegation is

Patna High Court Cr.Misc. No.21330 of 2017 (4) dt.28-06-2017 2/2 made against the petitioner. During course of investigation independent witnesses in paragraph 8 and 10 of the case diary disclosed that the deceased was of dull intellect and she committed suicide. It has come that the petitioner and others out of fear hurriedly cremated the dead body. There is no demand of dowry but, from perusal of the FIR and the material collected in the case diary it appears that the deceased was married to the petitioner one year ago but she was killed and her dead body was hurriedly disposed of without informing her parents.

Considering the facts aforesaid and nature of allegations made against the petitioner and the petitioner is husband, I am not inclined to enlarge the petitioner above named on bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T