IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14925 of 2011 Himadri Datta Versus The State Of Bihar -----------
3 28-07-2011 Heard learned counsel for the petitioner as well as
learned Additional Public Prosecutor for the state.
Admittedly, the dead body of a woman wrapped in a
blanket, was found near Ganga Bandh and after recovery of the
aforesaid dead body, Naya Ramnagar (Safiasarai) P.S. Case
No. 13 of 2009 under Sections-302/34, 201 of the Indian Penal
Code was registered against unknown persons. The police after
completion of investigation submitted final form showing “the
case true but not clue”. After submission of the aforesaid final
form, the I.O. prayed before the Chief Judicial Magistrate,
Munger to reinvestigate the case and subsequently, statement of
father of the petitioner and two neighbours, was recorded and
father of the petitioner stated that the deceased was killed by
petitioner and his other associates.
The contention of learned counsel for the petitioner is
that the father of the petitioner has already filed an affidavit
before Chief Judicial Magistrate, Munger denying his statement
said to be recorded under section-161 of the Cr.P.C. It is further
contended by him that except the statement of father of the
petitioner, there is nothing in the entire case diary to show the
involvement of the petitioner in commission of murder of his wife.
Considering the aforesaid submissions as well as
facts and circumstances of the case, I do not feel it proper to
release the petitioner on bail. Accordingly, prayer for bail of the
petitioner in connection with Naya Ramnagar (Safiasarai) P.S.
Case No. 13 of 2009 corresponding to Sessions Trial No.239 of
2011 pending in the court of Additional Sessions Judge-I,
Munger stands rejected.
However, trial of the petitioner should be expedited.
AKV/- ( Hemant Kumar Srivastava,J.)