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Patna High CourtCR. MISC./41860/2018dismissed

Shankar Ram v. The State Of Bihar

2018-09-24Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41860 of 2018 Arising Out of PS.Case No. -101 Year- 2017 Thana -KHODABANDPUR District- BEGUSARAI ======================================================

1. Shankar Ram son of Dashrath Ram, resident of Village- Malpur, P.S. Khodawandpur (Chaurahi O.P.), District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate. For the Opposite Party/s : Mr. Bharat Lal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-09-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Khodawandpur P.S. Case No. 101 of 2017 (Sessions Trial No. 137 of 2018) instituted for the offence under Sections 302 and 201/34 of the Indian Penal Code. It is alleged in the written report that marriage of fua of the informant was solemnized on 21.5.2003 with the petitioner. She was tortured in her sasural. It is further alleged that on 2.7.2017 at 9.00 p.m.

the informant received information that her fua namely, Neelam Devi, has been killed by petitioner and other accused persons, as named in the written report, by way of assault made by lathi, danda etc. and they have disposed the dead body of the deceased. The dead body was recovered from Jindora field in front of the house after search. The Sessions Judge has mentioned in the impugned order that total six injuries have been found on the dead body of the deceased.

Patna High Court Cr.Misc. No.41860 of 2018 (3) dt.24-09-2018 2/2 Case diary has been received.

The post mortem report of deceased is available in the case diary wherein the Doctor has opined the cause of death due to asphyxia as a result of smothering.

As such, the deceased died unnatural death. This Court is therefore not inclined to grant bail to the petitioner. Prayer for bail of the petitioner stands rejected. The court below is directed to expedite the trial. Petitioner is given liberty to renew the prayer for bail after six months if no substantive progress is made in the trial. (Sanjay Priya, J) S.Ali/- U T