Petitioner sought bail in a murder case involving strangulation of a co-accused identified as his brother. The High Court, citing the heinous nature of the offence and doctor's report on asphyxia, rejected the bail application.
Prayer for bail stands rejected and petitioner remains in custody.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.54497 of 2015
Arising Out of PS.Case No. -213 Year- 2013 Thana -SIRDALA District- NAWADA ====================================================== Vijay Pratap son of Tek Narayan Prasad Yadav, Resident of village- Neem Chak Pasarhi, P.S.- Meskaur (Sirdalla), District- Nawada .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. S.N.P. Sinha, Senior Advocate Mr. Rohit Kumar, Advocate Mr. Nita Kumari, Advocate For the Opposite Party Mr. Satyendra Nr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 3 22-01-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State. The petitioner seeks bail in connection with Sirdalla (Meskaur) P.S. Case No. 213 of 2013 registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code. Allegedly, due to family dispute the petitioner and other co-accused strangulated the husband of the informant to death as earlier the petitioner has caused threats also.
Submission is of false implication and that no one has seen the petitioner and co-accused committing the offence, as a matter of fact, the husband of the informant who was the brother of the petitioner was drunkard and as the father did not give money to him, he committed suicide and the rope has been found
Patna High Court Cr.Misc. No.54497 of 2015 (3) dt.22-01-2016
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in the hook of the room and without any legal and cogent material the petitioner is suffering in custody since 06.02.2015.
Learned A.P.P. opposes the prayer of bail by submitting that the witnesses have supported the prosecution version during investigation and further the doctor has found the cause of death asphyxia due to strangulation.
In the facts and circumstances stated above, considering the allegation attributed against the petitioner serious in nature, this Court is not inclined to enlarge the petitioner on bail, accordingly, his such payer stands rejected.
(Jitendra Mohan Sharma, J)
siddharth/-
U T
1 issue framed by the court
Whether bail is maintainable in a case involving murder of a joint family member accused of a family dispute.
1 provisions across 1 enactments
Vijay Pratap son of Tek Narayan Prasad 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
