Single bench order rejecting an application for anticipatory bail in a murder case involving alleged commission of offence under Section 302 IPC against petitioners accused of throwing deceased's body on a railway track. Answer in negative.
Application for anticipatory bail is 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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32832 of 2015
Arising Out of PS.Case No. -53 Year- 2015 Thana -RAJAUN District- BANKA ====================================================== 1. Ajay Kumar Choudhary, Son of Arjun Chouhdary 2. Pritesh Anand, son of Ajay Kumar Choudhary, Both resident of village –Uprama, P.S. – Rajoun, District – Banka. 3. Pankaj Kumar Singh @ Pankaj Singh, Son of Late Shiv Narayan Singh, Resident of Village – Morama, P.S. – Rajoun, District – Banka. .... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioners : Mr. Mritunjay Prasad Singh, Advocate. For the Opposite Party : Mr. Rajendra Singh Shastri Ji(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
4 17-12-2015 Heard both sides.
The petitioners apprehend their arrest in a case registered for the offences punishable under Section 302 and other Sections of the Indian Penal Code.
The petitioners are father, brother and maternal uncle of the deceased. After recovery of the dead body of the deceased the Chowkidar lodged a case against unknown. But, during the course of investigation it has come that the mother of Rakhi Raj had gone to Delhi about 4-5 days ago. Her father, brother and maternal uncle, the petitioners are alleged to have taken her to Rajoun hospital, but it appears that the dead body of the deceased was found on a track from where the police recovered the dead body. The deceased died inside her house, but the petitioners appear to
Patna High Court Cr.Misc. No.32832 of 2015 (4) dt.17-12-2015
2/2
have thrown the dead body of the deceased on railway track.
Considering the facts aforesaid, I am not inclined to enlarge the petitioners above named on anticipatory bail. Accordingly, the same is rejected.
(Prabhat Kumar Jha, J.)
KKSINHA/U T
3 issues framed by the court
Whether the petitioners should be granted anticipatory bail in a case involving alleged PC Section 302 offences.
Whether the version of taking the deceased to Delhi and throwing the body on a railway track warrants denying bail.
Whether the petitioners face a reasonable possibility of fleeing or not producing themselves before the court.
Ajay Kumar Choudhary
Pritesh Anand
Pankaj Kumar Singh
The State of Bihar
PRABHAT KUMAR JHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
