Patna High CourtCR. MISC./72542/2019bail rejected

Md. Rahil v. The State Of Bihar

2020-06-04Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72542 of 2019 Arising Out of PS. Case No.-116 Year-2017 Thana- RAUTA District- Purnia ====================================================== MD. RAHIL, son of Md. Nazamuddin @ Nazmuddin @ Nazim, Resident of Village - Hathua Bhuna, P.S. - Rauta, District - Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar Agrawal, Adv.

For the Opposite Party/s :

Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-06-2020 The matter has been taken up through virtual Court proceeding.

Heard.

The petitioner is languishing in custody since 20.10.2017 in a case registered for the offences punishable under Sections 341, 323 and 302/34 of the Indian Penal Code. The prosecution case as per the written report of Md. Subhan submitted before the Rauta Police Station is to the effect that on 19.10.2017, the informant's son aged about 11 years was in his house along with informant's two wives of and a daughter. In the meantime, nine FIR named accused person, including the petitioner came and caught hold the son of the informant. It is alleged against the petitioner that he pears the knife in the abdomen of the informant's son, as a

Patna High Court CR. MISC. No.72542 of 2019(2) dt.04-06-2020 2/2 result, the intestine of the victim came out of the stomach. Subsequently, the son of the informant succumbed to the injuries.

Learned APP for the State submits that the petitioner is the main assailant.

Considering the nature of accusation earlier, the prayer for bail of the petitioner was rejected by a Co-ordinate bench of this Court vide order dated 24.07.2018, passed in Criminal Miscellaneous No. 31685 of 2018.

Keeping in view the nature of accusation, this Court is not inclined to revise the earlier order.

Accordingly, the prayer for bail of the petitioner in S. T. No. 203 of 2018, arising out of Rauta P.S. Case No.116 of 2017, pending before the learned Sessions Judge, Purnea, is rejected.

Let the trial be expedited. However, the petitioner is at liberty to renew his prayer for bail, if the trial is not concluded within a period of nine months.

(Dinesh Kumar Singh, J) Ashwini/- U T