Dismissed

Sikandar Mahton @ Sikandar v. The State Of Bihar

Patna HC1 Aug 2014CR. MISC./8203/2014

Case brief

AI extract

What is this about?

Single judge oral order rejecting a bail petition in a criminal case involving abetment of suicide. The court relied on the deceased's dying declaration and rejected doubts raised by the petitioner regarding police witness statements and the informant's fard-beyan.

What did the court decide?

Prayer for bail is rejected. Custody of the petitioner to be maintained and trial expedited.

Sikandar Mahton @ Sikandar Vs The State Of Bihar — Criminal Trial and Appeal | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8203 of 2014

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Arising Out of PS.Case No. -176 Year- 2013 Thana -SHERGHATI District- GAYA

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====================================================== SIKANDAR MAHTON @ SIKANDAR SON OF SURYADEO MAHTOJ, RESIDENT OF VILLAGE-BHUJAUL, P.S.-SHERGHATI, DISTRICTGAYA. .... .... PETITIONER/S VERSUS THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance: For the Petitioner/s : Mr. Sudhir Kumar Sinha, Adv. For the State : Mr. Madan Kumar, Addl. P.P. Incharge

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====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER

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Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

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6 01-08-2014

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Deceased through mobile phone informed

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the informant Sarita, his wife that Sikandar whose Sasural lies at village-Raghunath Khap Gurua has shot at and subsequently thereof, he died. Paragraph 13, 14 and 15 happens to be the witnesses of Bhujaul village in whose presence deceased had narrated. From paragraph 13, statement of Vikash Kumar, it is apparent that he had connected the mobile whereupon deceased had talked with his wife. On account of death of deceased, the aforesaid event has become dying declaration and is found corroborated

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Patna High Court Cr.Misc. No.8203 of 2014 (6) dt.01-08-2014

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with para-46, the postmortem report.

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It has been submitted on behalf of petitioner that informant had not disclosed in the fardbeyan that petitioner happens to be resident of Bhujaul village while subsequently narrated the same. It has also been submitted that from para-2 of the case diary it is apparent that the police official had gone to the place of occurrence and carried the dead body along with Chowkidar, Umesh Paswan as well as Dafadar Kanhaiya Singh. It has also been submitted that at least statement of aforesaid two would have been taken up by the police official and on account thereof, complicity of petitioner became doubtful. It has also been submitted that the petitioner has got no criminal antecedent.

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On the other hand learned Additional Public Prosecutor opposed the prayer and submitted that deceased had made dying declaration and on account thereof, unless and until there happens to be cogent and reliable evidence to discredit the same, that has got relevancy in the eye of law.

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Patna High Court Cr.Misc. No.8203 of 2014 (6) dt.01-08-2014

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Accordingly, prayer for bail is rejected.

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The learned lower court will see the custody

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of the petitioner and will expedite the trial.

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(Aditya Kumar Trivedi, J.)

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PN/-
U T

Sikandar Mahton @ Sikandar v. The State Of Bihar

Case brief

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Sikandar Mahton @ Sikandar v. The State Of Bihar

Case brief

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