In a bail application, the court rejected the request citing presence of an eye-witness who saw the petitioner strangulate the deceased with help of another family member. Bail was denied based on the eye-witness evidence.
Application for bail is rejected.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11484 of 2015
Arising Out of PS.Case No. -231 Year- 2014 Thana -GARDANIBAGH District- PATNA ====================================================== Rakesh Kumar son of Sri Tuntun Rai resident of Anisabad Post Office Gali, P.S. Gardanibagh, Dist. Patna. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Ghanshyam Tiwary, Advocate. For the Opposite Party : Mr. Bharat Lal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 4 24-06-2015 Heard both sides.
The petitioner seeks bail in Gardanibagh P.S. Case No. 231 of 2014, corresponding to Sessions Trial No. 1054 of 2014, registered for the offences punishable under Section 302 and other Sections of the Indian Penal Code.
The petitioner is the husband of the deceased. The informant father of the deceased made allegation that the petitioner had developed illicit relations with his Bhabhi and that is why he with the help of other family members killed his daughter.
It is submitted that there is no eye witness of the occurrence, but on perusal of the para -7 of the case diary itself it appears that the daughter of the deceased saw that the petitioner
Patna High Court Cr.Misc. No.11484 of 2015 (4) dt.24-06-2015
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and Sunita strangulated the deceased to death.
Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on bail. Accordingly, the same
is rejected.
(Prabhat Kumar Jha, J.)
KKSINHA/U T
1 issue framed by the court
Whether the petitioner is entitled to be released on bail in the present matter of alleged murder?
Rakesh Kumar
The State of Bihar
Prabhatar Kumat Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
