Ganesh Roy vs The State Of Bihar on 11 March, 2011

                IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Cr.Misc. No.40597 of 2010
                  GANESH ROY, S/o Opin Roy @ Upendra Roy, R/o Vill.-
             Alampur, P.S. - Azam Nagar, Distt.- Katihar
                                           Versus
                                 THE STATE OF BIHAR
                                         -----------

3 11.03.2011 Heard learned counsel for the petitioner and Sri

A.M.P. Mehta, learned Additional Public Prosecutor.

The petitioner, who is in custody in Azam Nagar

P.S. Case No. 108 of 2010, for the offence under Section

302/34 of the Indian Penal Code, has prayed for grant of

bail.

It was alleged by the informant that the

petitioner was having illicit relation with the wife of the

deceased who was none else but the wife of younger

brother of the husband of the informant. The informant

had alleged that after hearing noise she arrived there and

she has witnessed the petitioner fleeing away. The

informant has made specific allegation against the

petitioner.

In view of the facts and circumstances, I don’t

find any material to extend the privilege of bail to the

petitioner.

Prayer for bail stands rejected.

It was submitted by the learned counsel for the

petitioner, that in the case diary, save and except,
2

allegation of illicit relationship, there is nothing on record.

The court is of the opinion that the submission of learned

counsel for the petitioner is exactly contrary to the

allegation made in the F.I.R.

Petition stands rejected.

(Rakesh Kumar, J.)

Praful