The Patna High Court hearing a bail petition in a murder case under Sections 302/34 IPC rejected the petitioner claim of false implication. The court refused bail citing the grave nature of allegations and directed swift trial completion within one year.
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.12573 of 2019
Arising Out of PS. Case No.-71 Year-2018 Thana- TANDWA District- Aurangabad
======================================================
SURESH RAM Son of Swarup Chandra Ram Resident of VillagePanchpokhari Tola- Basantpur, P.S.- Tandwa, District - Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar For the Opposite Party/s : Mr.Chandra Sen Prasad Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
4 10-05-2019
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 302/34 of the Indian Penal Code.
The prosecution case in short is that the daughter of the informant was thrown by the accused persons due to which she died.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.10.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. The daughter and son of the petitioner met with an accident and the petitioner came to his
Patna High Court CR. MISC. No.12573 of 2019(4) dt.10-05-2019 2/2
native village for performing their last rites three days prior to the alleged occurrence. He has got no concern with the alleged occurrence.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R. There is a specific allegation against the petitioner and the co-accused namely Pramod Ram who assaulted the deceased due to which her death took place.
Considering the nature of allegation, I am not inclined to grant bail to the petitioner. The same is rejected. The Trial Court is directed to conclude the trial preferably within one year from the date of receipt/production of a copy of this order.
(Sudhir Singh, J)
Pankaj/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner accused of murder under Sections 302/34 IPC.
Suresh Ram
State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
