Patna High CourtCR. MISC./16276/2018rejected

Mantosh Tiwari v. The State Of Bihar

2018-04-26Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 16276 of 2018 Arising Out of PS.Case No. -28 Year- 2014 Thana -SANGRAMPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Mantosh Tiwari, Son of Late Chandrika Tiwari, Resident of VillageSangrampur Barai Tola, P.S.- Sangrampur, District- East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr Shakti Suman Kumar, Advocate For the S t a t e : Mr Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 26-04-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks bail in a case registered under Sections 302, 201/34 of Indian Penal Code.

It is submitted by the learned counsel for the petitioner that petitioner, who is the husband of the deceased, has not been made accused in the first information report and he has been roped in his case only on the basis of suspicion. This Court would find that the information had been lodged by the son of the petitioner and victim. In the first information report, it is specifically stated that it is the petitioner who has informed him regarding missing of his mother where

Patna High Court Cr.Misc. No.16276 of 2018 (3) dt.26-04-2018 2/2 after she has been found dead. The inquest report also reveals that the death is homicidal in nature. The petitioner, being the husband owns the prime responsibility for safety of his wife (victim). In view of the aforesaid consideration, keeping in view the allegations, this Court is not, for the present, inclined to allow the prayer for bail. The same is rejected. It is submitted by the learned counsel for the petitioner that direction may be given to expedite the trial. Let the trial Court proceed with the trial expeditiously.

(Madhuresh Prasad, J) M.E.H./- U T