Patna High Court rejected the petitioner's bail plea in a case of murder and rape, deeming the allegations serious and noting the petitioner's status as an absconder since 2008.
Prayer to enlarge the petitioner on bail was rejected.
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.
Patna High Court Cr.Misc. No.26219 of 2015 (3) dt.12-10-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26219 of 2015 Arising Out of PS.Case No. -105 Year- 1997 Thana -HAZIPUR INDUSTRIAL DistrictVAISHALI(HAJIPUR) ====================================================== 1. Ranjeet Kumar Singh son of Dr. Satya Narayan Singh resident of Village - Chandpura, P.S. - Biddupur, District - Vaishali. .... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dudh Nath Singh For the Opposite Party/s : Mr. Amit Kr.Rakesh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 3 12-10-2015 Heard learned counsel for the petitioner and learned counsel representing the State. Petitioner seeks bail in connection with Hajipur (Industrial Aera) Town P.S. Case No.105 of 1997 registered for the offences punishable under Sections 302, 376/34 of the Indian Penal Code.
Allegedly, the petitioner and other FIR named accused persons forcibly took away the grand daughter of the informant and alarm was raised, then the miscreants were identified in the light of lantern and torch and thereafter, co-accused Ratnesh and the petitioner caused threats that whoever will come for rescue will be shot dead. In the night grand daughter of the informant was
Patna High Court Cr.Misc. No.26219 of 2015 (3) dt.12-10-2015
not found and in the morning her dead body was found in a ditch and it is claimed that the petitioner and others after committing rape killed her after pressing her mouth and neck and threw the dead body.
dead body.
Submission is of false implication and that the informant did not give information to the Police and the Police after hearing the rumor came and recovered the dead body and thereafter, fardbeyan was recorded after making consultation. The petitioner has been implicated falsely and there is no cogent and reliable material against him and, as such, he being in custody since 30.09.2014 deserves sympathetic consideration to which the learned APP opposes by submitting that the occurrence is of the year 1997 and he has been declared absconder vide order dated 12.08.2008 and further chargesheet has been submitted on 16.08.1997 showing him absconder and the witnesses have supported the allegation.
Considering the allegation attributed against the petitioner serious in nature and further considering the period of absconding, this Court is not inclined to enlarge the petitioner on bail, accordingly, his such prayer stands rejected.
(Jitendra Mohan Sharma, J)
avin/U T
2 issues framed by the court
Whether the petitioner should be granted bail in a case involving murder and rape where he is an absconder.
Whether the prayer for bail deserves sympathetic consideration given the serious allegations and period of absconding.
1 provisions across 1 enactments
Ranjeet Kumar Singh
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
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