The Patna High Court rejected an application for bail in a murder case. The petitioner, accused of murder under IPC 302 and Arms Act 27, was denied bail as the court found the circumstances revealed significant culpability despite lack of eyewitness testimony.
The prayer for grant of bail of the petitioner stands 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.49113 of 2017
Arising Out of PS.Case No. -109 Year- 2017 Thana -BIKRAMGANJ District- SASARAM (ROHTAS)
====================================================== Neeraj Rai @ Neeraj Kumar Rai @ Sonu S/o Late Bisketu Mauar @ Ranjeet Singh, R/o Village- Khera Budhar, P.S.- Bikramganj, DistrictRohtas.
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Pandey For the Opposite Party/s : Mr. Sri Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
3 07-12-2017 Heard the counsel for the petitioner, the informant and the State.
The petitioner seeks bail in connection with Bikramganj P.S. Case No. 109 of 2017 dated 18.04.2017 instituted for the offences under Sections 302/120B of the Indian Penal Code and Section 27 of the Arms Act.
The nephew of the informant is said to have been killed in the house of one Puja Kumari. The petitioner happens to be the brother of aforesaid Puja Kumari.
According to the F.I.R, the marriage of the deceased was fixed with Puja Kumari at the instance of her maternal uncle. The family of Puja Kumari and Puja Kumari
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herself were not happy with the aforesaid relationship. It has come during the course of investigation that Puja Kumari wanted to marry of her own choice. As such, according to the allegation in the F.I.R, the deceased was called to the house of Puja Kumari. Later, the dead body of the nephew of the informant was recovered from inside the house of aforesaid Puja Kumari.
Though there is no eye witness to the occurrence, but the circumstances reveal a lot.
Taking into account the aforesaid facts, this Court is not inclined to grant bail to the petitioner for the present.
The prayer for grant of bail of the petitioner
stands rejected.
(Ashutosh Kumar, J)
Shageer/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner accused in a murder case.
Neeraj Rai @ Neeraj Kumar Rai @ Sonu
The State of Bihar
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
