Patna High CourtCR. MISC./44486/2018rejected

Sanjeet Kumar @ Sonjeet Kumar @ Sanjeet Kumar Rai v. The State Of Bihar

2018-08-06Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44486 of 2018 Arising Out of PS. Case No.-244 Year-2017 Thana- DALSINGHSARAI District- Samastipur ====================================================== Sanjeet Kumar @ Sonjeet Kumar @ Sanjeet Kumar Rai, Son of Nageshwar Rai, Resident of Village- Alampur, Police Station- Vidyapatinagar, District Samastipur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner :

Mr. Choudhary Shyam Nandan, Adv.

For the State :

Smt. Asha Devi, APP 35 For the informant :

Mr. Mukesh Kumar I, Adv.

====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 06-08-2018 Heard learned counsel for the petitioner, the informant and the State.

The petitioner is languishing in jail since 04.05.2018 in connection with Dalsinghsarai P.S. Case No. 244 of 2017 registered under Sections 304B, 201 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that in view of the presence certificate issued by the Adjutant, 24 Rashtriya Rifles Battalion, Bihar, (Annexure 2) the petitioner was on duty at Alfa Company on 7th August, 2017, there is no question of participation of the petitioner in the occurrence. Learned counsel for the informant, however, resisted the application for bail submitting that the petitioner is the

Patna High Court Cr.Misc. No.44486 of 2018(2) dt.06-08-2018 2/2 husband and the prayer of the brother-in-law and father-in-law of the victim-lady has since been rejected by this court. Considering the entire facts and circumstances of the case and also the certificate do not inspire the confidence of this Court and more so the petitioner is husband of the victim-lady, it was moral responsibility of the petitioner of his wife, I am not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail is rejected. The trial be expedited.

(Anjana Mishra, J) Shamshad/- U T