The Patna High Court rejected bail applications of three petitioners accused of kidnapping, extortion, and murder (IPC 364A/120B/302). Citing evidence of a dead body recovery and brutal killing for ransom, the court refused bail. It directed the trial to be expedited.
Bail prayers rejected; trial directed to be expedited.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15063 of 2013
====================================================== Asha Devi W/O Sunil Sah, resident of village- Bairipur, P.S.- Natwar, District- Rohtas .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.14677 of 2013 ====================================================== Upendra Sah, S/O Suresh Sah, resident of village- Bank, P.S- Akorigola, District- Rohtas at Sasaram. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.24048 of 2013 ====================================================== Sunil Sah S/O Ramayan Sah, resident of village- Bairipur, P.S.- Natwar, District- Rohtas at Sasaram .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.15063 of 2013) For the Petitioner/s : Mr. Sanjay Kumar, Advocate. For the State : Mrs. Nirmala Kumari, APP. For the informant : Mr. Ashutosh Ranjan Pandey, Advocate. (In Cr.Misc. No.14677 of 2013) For the Petitioner/s : Mr. Vikram Deo Singh, Advocate. For the State : Mr. C.Jawahar, APP. For the informant : Mr. Ashutosh Ranjan Pandey, Advocate. (In Cr.Misc. No.24048 of 2013) For the Petitioner/s : Mr. Dharmendra Kumar Singh, Advocate. For the State : Dr. Indiwar Kumari, APP. For the informant : Mr. Ashutosh Ranjan Pandey, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER
Patna High Court Cr.Misc. No.15063 of 2013 (3) dt.04-10-2013
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Having regard to the materials on record against all the aforesaid three petitioners, whose complicity has surfaced in connection with an offence under Sections 364A/120B and 302 of the Indian Penal Code, this Court is not inclined to grant bail to them specially when the statement of co –accused Ranjan Kumar @ Pintu Kumar had led to recovery of a dead body as also divulgence of the further details that the kidnapped boy, prior to his being killed, was kept in the house of the petitioners Sunil Sah and Asha Devi.
Considering the fact that a nine years old boy has been done to death in a brutal manner for demand of ransom in which complicity of the petitioners has been found by police during the course of investigation, this Court is not inclined to grant bail to anyone of them.
Their prayer for bail is accordingly rejected. Since, the petitioners are in custody since 16.12.2012, this Court would direct that the trial of the petitioners may be expedited specially when the learned counsel appearing on behalf of the informant has assured this Court that no delay will be caused by the informant in producing his own witnesses. That being so, the trial court is hereby directed to ensure that the trial of the petitioners is disposed of expeditiously.
With the aforesaid observations and directions all these three applications are disposed of.
(Mihir Kumar Jha, J)
2 issues framed by the court
Whether bail should be granted to the petitioners accused of kidnapping, extortion, and murder involving a deceased minor?
Whether the trial of the petitioners, who have been in custody since December 2012, should be expedited?
1 provisions across 1 enactments
Asha Devi W/O Sunil Sah
Upendra Sah
Sunil Sah S/O Ramayan Sah
The State of Bihar
Mihir Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
