The High Court dismissed the bail application of Batai Lohra, an accused in a murder case under Sections 302/34 IPC. The court rejected the argument that co-accused were granted bail while noting evidence of the deceased's personal articles in the petitioner's house and blood stains.
Prayer for bail stands dismissed.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.11609 of 2013
Batai Lohra
..... Petitioner
Versus
The State of Jharkhand
…. Opposite Party
CORAM: HON’BLE MR. JUSTICE H.C. MISHRA
For the Petitioner : Mr. Binod Kr. Jha For the State : A. P.P.
3/13.02.2014 Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner has been made accused for the offence under Sections 302/34 of the Indian Penal Code, in connection with Tamar P.S. Case No.105 of 2008, corresponding to G.R. No.4810 of 2008.
The case relates to murder of the husband of the informant, whose dead body was found. The FIR was lodged suspecting that the petitioner and his family members had hands in the occurrence, as this petitioner was having two wives and they were quarreling with each other very often, and the deceased used to intervene in their quarrel.
Learned Counsel for the petitioner submitted that petitioner has been falsely implicated in this case and in the similar circumstance, the other co-accused persons have been granted bail by order dated 15.4.2010 in B.A. No.1502 of 2010. It appears from the said order that one of the reasons for granting bail to those petitioners was that this petitioner was not sent up for trial. Subsequently, the petitioner was sent for trial after investigation.
The impugned order shows that the personal articles of the deceased were found in the house of the petitioner and the witnesses have also stated regarding the mark of blood stains in the wall of the house of the petitioner and from the house of this petitioner to the place of recovery of the dead body.
In the facts and circumstances of this case, I am not inclined to release the petitioner Batai Lohra on bail. Accordingly, prayer for bail stands dismissed.
(H. C. Mishra, J)
R.Kumar
2 issues framed by the court
Whether the petitioner accused under Sections 302/34 IPC should be released on bail.
Whether the prima facie evidence and potential danger to society preclude bail.
Batai Lohra
The State of Jharkhand
H.C. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
