Petitioner challenged bail in a murder charge alleging an infant's death. The court noted the discrepancy between the FIR's assault allegation and the post-mortem finding of no external injury, refusing to grant bail based on the direct FIR allegation.
Bail prayer stands rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 654 of 2018
Bhola Chauhan …. …. Petitioner(s).
Versus
The State of Jharkhand …. …. Opp. Party(s)
CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
-----For the Petitioner(s) : Mr. J.S. Tripathi, Advocate For the State : A.P.P. …......
05/02.04.2018
Heard learned counsel for the parties. Learned A.P.P. opposes the prayer for bail.
The petitioner is an accused for allegedly committing an offence punishable under Sections 341, 323, 447, 302, 379 & 34 IPC in connection with Garhwa Police Station Case No. 212 of 2017 (G.R. No. 1107 of 2017) , pending in the Court of learned Chief Judicial Magistrate, Garhwa.
FIR suggests that petitioner has assaulted four months old daughter of the informant resulting in her death, though, the post-mortem report suggests that there is no external injury on the body of the deceased.
In view of the direct allegation in the FIR, I am not inclined to grant privilege of bail. Accordingly, the prayer of bail of the petitioner named above in connection with Garhwa Police Station Case No. 212 of 2017 (G.R. No. 1107 of 2017), pending in the Court of learned Chief Judicial Magistrate, Garhwa stands rejected.
(ANANDA SEN , J)
anjali/ C.P 3
2 issues framed by the court
Whether a petition for bail can be granted in charges involving questioning of the post-mortem report against the FIR allegation of infant death by assault.
Whether the consistency between the FIR and post-mortem report warrants granting bail in a murder case.
1 provisions across 1 enactments
Bhola Chauhan
The State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
