High Court of Patna disposed of a bail application in a murder case arising from an alleged witch-burning incident, rejecting the prayer by finding sufficient material in the case diary and directing expedited trial.
Prayer for bail rejected; trial court directed to expedite trial.
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.21247 of 2019
Arising Out of PS. Case No.-100 Year-2017 Thana- MARAUNA District- Supaul
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Versus
THE STATE OF BIHAR Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Vijay Kumar For the Opposite Party/s : Mr.Renu Kumari
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CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
4 02-08-2019
Heard the learned counsel for the petitioners, informant and the learned A.P.P. for the State.
The petitioners seek bail in Marauna P.S. Case No. 100/2017, instituted for offence under Section(s) 147, 148, 149, 302, 307, 323, 326, 341, 504 and 506 of the Indian Penal Code read with Section ¾ of Witch (Daain) Act.
It is alleged in the written report that on the date of occurrence petitioners along with 9 named accused persons armed with weapons arrived in the house of informant while he along with other family members were sleeping. They started assaulting the informant and his family members. It is alleged that petitioner no. 1 assaulted the informant with sword causing injury on his head. Wife and one of the son of informant were also assaulted by these petitioners and other accused persons with sword and axe causing cut
Patna High Court CR. MISC. No.21247 of 2019(4) dt.02-08-2019 2/2
injury, who died on the spot. It is alleged that another son of informant, namely, Arjun Ram, was also badly injured. Thereafter accused persons fled away.
Learned counsel for State has submitted that in para 14 of case diary Santoshi Kumari has levelled specific allegation of causing cut injury to her mother against these petitioners and other accused persons. The son of informant, namely, Arjun Ram, and other witnesses have also supported the allegation against these petitioners.
Post-mortem report is available in case diary, wherein doctor has found several injuries on the persons of deceased.
Learned counsel for the petitioners has submitted that other co-accused has already been granted bail by a Co-ordinate Bench of this Court vide order dated 14.03.2018 passed in Cr. Misc. No. 2241/2018.
This Court finds that there is sufficient material against these petitioners in the case diary.
In view of such, this Court is not inclined to grant bail to petitioners. Accordingly, prayer for bail of petitioners is rejected. The trial court is directed to expedite the trial.
(Sanjay Priya, J)
rakhi/-
U T
2 issues framed by the court
Whether bail should be granted to petitioners accused of murder and affray in a witch burning case.
Whether sufficient material in the case diary warrants denial of bail.
2 provisions across 2 enactments
Ramchandra Ram S/o Late Kishan Ram
Laxman Ram S/o Late Kishan Ram
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
