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Patna High CourtCR. MISC./85485/2019dismissed

Ranjay Sah v. The State Of Bihar

2020-02-28Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85485 of 2019 Arising Out of PS. Case No.-122 Year-2019 Thana- VIDYAPATINAGAR DistrictSamastipur ====================================================== RANJAY SAH Son of Late Chathu Sah Resident of Village - Bajidpur, Nayatola Gachhi, P.S.- VidhyapatiNagar, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nilesh Kumar For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-02-2020 Heard the parties.

This application is for grant of regular bail in connection with Vidhyapati Nagar P.S.case No.122 of 2019 for the offences under Sections 201, 302 and 34 of the Indian Penal Code.

Petitioner is named in the FIR and there is allegation against him and another accused person of causing death of the husband of the informant, who happens to be brother of the petitioner and the dead body is traceless. It appears that later on the dead body was recovered and the postmortem report shows that the death is due to strangulation and ligature marks was found . Apart from that there were some external injury.

Patna High Court CR. MISC. No.85485 of 2019(4) dt.28-02-2020 2/2 Submission of the learned counsel for the petitioner is that it is alleged that on confession dead body was recovered but no ligature marks is there. Petitioner has been made accused only ono suspicion. He is in custody since 12.9.2019.

Heard learned A.P.P. and the learned counsel for the information, who has opposed the prayer for bail on the ground that several witnesses have named this petitioner and apart from that death is due to strangulation. Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner at this stage, however, once the charge is framed in this case, petitioner is at liberty to renew his prayer for bail.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T