The High Court of Jharkhand rejected bail for a petitioner accused of murder, citing specific allegations that he was armed with a lathi and assaulted the deceased, rendering him not inclined to be enlarged.
Prayer for bail of the petitioner is rejected at this stage.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
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B.A. No.5149 of 2016
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Narain Mahto …Petitioner. Versus State of Jharkhand …Opp.Party
--------CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA --------- For the Petitioner : M/s. D.K.Chakraverty, Advocate. For the State : APP. ---------
03/09.08.2016 The petitioner is an accused for the offence registered under Section 302/34 IPC.
Learned counsel for the petitioner has submitted that petitioner has been falsely implicated. That the witnesses, in paras 29 and 30 of the case diary, have stated that there was an illicit relationship between this petitioner and the deceased which was objected to by his wife and son and they have not named the petitioner as assailant neither they have stated that on the day of occurrence this petitioner was present at the place of occurrence.
Learned A.P.P. has opposed the prayer and submitted that the informant is the eye witness and she has stated that this petitioner was armed with lathi and his son was armed with rod and they had assaulted the deceased. That it would be evident from the post mortem report that the deceased sustained multiple injuries on the frontal and temporal region of the head as also on the right ear and right side of the neck etc.
Heard. There is specific allegation that this petitioner was armed with lathi and he had assaulted the deceased, thus, I am not inclined to enlarge the petitioner on bail,accordingly, the prayer for bail of the petitioner is hereby rejected at this stage.
(Amitav K. Gupta, J.)
Biswas.
1 issue framed by the court
Whether the petitioner, accused under Section 302/34 IPC and alleged to be armed with a lathi, should be granted bail.
Narain Mahto
State of Jharkhand
Amitav K. Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
