Himadri Datta vs The State Of Bihar on 28 July, 2011

Patna High Court – Orders
Himadri Datta vs The State Of Bihar on 28 July, 2011
                              Cr.Misc. No.14925 of 2011
                                      Himadri Datta
                                   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.)

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