Patna High CourtCR. MISC./3103/2024dismissed

Md. Danish v. The State Of Bihar

2024-01-19Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3103 of 2024 Arising Out of PS. Case No.-921 Year-2022 Thana- SITAMARHI District- Sitamarhi ====================================================== MD. DANISH SON OF MD. LAL BABU RESIDENT OF VILLAGE - HUSSAINA, P.S. - SITAMARHI, DISTRICT - SITAMARHI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sumit Kumar For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-01-2024 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

2. This is the second attempt of the petitioner for grant of bail. Earlier the bail application of the petitioner was was rejected vide order dated 02.08.2023 passed in Cr. Misc. No. 22125 of 2023 which is as follows:

"Heard learned counsel for the petitioners and learned APP for the State.

2. This application for grant of regular bail arise out of Sitamarhi P.S. Case No. 921 of 2022 registered for the offence punishable under Sections 363, 365 of the Indian Penal Code.

3. As per prosecution case, the deceased was called by accused Danis and subsequently his dead body has been recovered.

4. During investigation it has come that the petitioner is the Ex-wife of the deceased. She, Danis and the deceased were found to be on the same location on the date of occurrence as per the mobile tower location which points out participation in the killing of the deceased. The motive assigned for the killing of the deceased is that petitioner

Patna High Court CR. MISC. No.3103 of 2024(2) dt.19-01-2024 2/2 was opposing second marriage of the deceased.

5. In view of the aforesaid fact, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, the prayer of bail of the petitioner is rejected herewith."

3. Considering the fact the facts and circumstances of the case, I am not inclined to renew my earlier order.

4. This application is again dismissed.

(Sandeep Kumar, J) Saif/- U T