Dismissed
Kundan Kumar v. The State Of Bihar
Patna HCCR. MISC./49332/2017
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COURT OF JUDICATURE AT PATNA Criminal…
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.49332 of 2017
Arising Out of PS.Case No. -229 Year- 2017 Thana -KUDHNI District- MUZAFFARPUR
====================================================== Kundan Kumar S/o Achhelal Rai, R/o Village- Kudhani, P.S.- Kudhani, District- Muzaffarpur.
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Nachiketa Jha, Adv. For the Opposite Party/s : Mr. Sri Uday Pratap Singh, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER
2 15-11-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.
It has been submitted on behalf of petitioner that deceased committed suicide by jumping herself infront of train as, save and except crushing, no other ante-mortem injury has been found. Furthermore, it has also been submitted that none is an eyewitness to occurrence. It has also been submitted that during course of conduction of postmortem, the doctor had not found victim to be raped and so, in the aforesaid facts and circumstances of the case, it happens to be a case of no evidence. With regard to false implication, it has been submitted that informant had herself disclosed prevailing animosity amongst the parties.
The learned Additional Public Prosecutor opposed the
prayer.
There happens to be an allegation that in the
Patna High Court Cr.Misc. No.49332 of 2017 (3) dt.15-11-2017
2
background of prevailing animosity petitioner had enticed away the deceased Chanchala Kumari, aged about sixteen years, raped and then, thereafter, in order to screen themselves, committed murder. Furthermore, in order to give a different colour of the occurrence, dead body has been thrown over the railway line. From perusal of the case diary paragraph-64 it is evident that in the night of alleged date of occurrence the petitioner had talked with victim and for that, there happens to be no explanation at the end of the petitioner.
Consequent thereupon, prayer for bail is rejected.
(Aditya Kumar Trivedi, J.)
Prakash Narayan U T
Kundan Kumar
The State of Bihar
Aditya Kumar Trivedi
As recorded by the court registry
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