Single-judge oral order denying regular bail to a petitioner in a serious sexual assault and murder case, distinguishing the petitioners circumstances from those of co-accused granted pre-arrest bail, noting trial nearing conclusion.
Application for regular bail rejected.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35417 of 2014
Arising Out of PS.Case No. -202 Year- 2006 Thana -ALOULI District- KHAGARIA
====================================================== Dilip Yadav .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 2 27-08-2014 Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in connection with Allauli P.S.Case No. 202/2006, a case registered for the offence punishable under Sections 448, 341, 323, 307, 376, 511,302 and 34 of the Indian penal Code pending in the Court of learned 1st Additional Sessions judge, Khagaria..
Allegedly the petitioner and others entered into the house of the informant, tried their best to commit rape with the wife of the informant but she protested and thereafter the petitioner shot the wife of the informant who succumbed to the injury during treatment.
Submission for release of the petitioner is that in this case co accused Ram Yadav has been allowed bail by another Bench of this Court and the petitioner is suffering in custody since
Patna High Court Cr.Misc. No.35417 of 2014 (2) dt.27-08-2014
2
15/07/2007, so many witnesses turned hostile and have not supported the prosecution case.
Considering that the petitioner is the assailant and his case is not similar to that of co accused, who have been allowed pre arrest bail, this Court is not inclined to enlarge the petitioner on bail as the trial is likely to be concluded very soon.
The application stands rejected.
(Jitendra Mohan Sharma, J)
singh/-
U
2 issues framed by the court
Whether the petitioner is entitled to regular bail given the co-accused were granted pre-arrest bail.
Whether the trial being near conclusion warrants denying bail to the assailant.
1 provisions across 1 enactments
Dilip Yadav
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
