In a criminal bail application arising from a case involving the alleged murder and disposal of a child's body, the High Court of Patna rejected the petitioner's bail prayer due to the heinous nature of the crime and directed the trial court to expedite the proceedings.
Bail prayer rejected; trial to be concluded within six months.
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.39730 of 2015
Arising Out of PS.Case No. -77 Year- 2015 Thana -BARARI District- KATIHAR ====================================================== 1. Kundan Kumar Mandal S/O- Shambhu Mandal R/o- Vill.- Parjeli, P.S.Barari, Distt:- Katihar .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s : Mr. Veena Kumari Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 4 09-02-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State. The petitioner seeks bail in a case for the offences punishable under sections 302 and 201 of the I.P.C
Allegedly, the petitioner being husband of the informant snatched the daughter by claiming that the daughter is not his daughter and he will kill her and thereafter went away with the child and accordingly it was claimed that the petitioner after killing the child has made the dead body traceless. During investigation the petitioner was apprehended and he confessed his guilt and on the basis of his confession the dead body of eight months old daughter of the informant was recovered from a ditch of bamboo clump.
Patna High Court Cr.Misc. No.39730 of 2015 (4) dt.09-02-2016
2/2
Submission is of false implication and that the informant has lodged this case being instigated by the enemy of the petitioner but now good sense has prevailed and she has filed compromise petition also and as such the petitioner who is suffering in custody since 09.05.2015 deserves sympathetic consideration, to which the learned A.P.P. opposes by submitting that the petitioner has committed heinous crime by killing his daughter and buried her in a ditch.
In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, heinous in nature, this Court is not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with Barari (Semapur) P.S. Case No. 77 of 2015 pending in the court of Sri Sunil Kumar No.3, J.M. 1st Class, Katihar.
However, the trial court is directed to expedite the trial and to conclude the same as early as possible preferably within six months.
(Jitendra Mohan Sharma, J)
Abhay/-
U T
1 issue framed by the court
Whether the petitioner deserves bail in a case involving heinous offences of murder and causing disappearance of a dead body under Sections 302 and 201 of the I.P.C.
1 provisions across 1 enactments
Kundan Kumar Mandal
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
