High Court rejected anticipatory bail applications in cases involving rape andmurder of a child. Court noted victim's dead body was found and co-accused implicated petitioner. Bail denied; regular bail to be considered upon surrender.
Prayer for anticipatory bail rejected. Regular bail to be considered upon surrender.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25756 of 2019
Arising Out of PS. Case No.-367 Year-2018 Thana- FALKA District- Katihar
======================================================
RAM CHANDRA SHARMA @ RAM CHANDRA KUMAR S/o Dharmananda Sharma @ Kalanand Mistri @ Kalanand Sharma, R/o VillageJivahtoli Sadhuveli, P.S.- Kasba, District- Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 28214 of 2019
Arising Out of PS. Case No.-367 Year-2018 Thana- FALKA District- Katihar
====================================================== Sudish Chaudhary S/o Ramesh Chaudhary, R/o village- Bhangha, Turki Tola, P.S.- Falka, Pothiya District- Katihar.
... ... Petitioner/s
Bihar
... ... Opposite Party/s
======================================================
Appearance : (In CRIMINAL MISCELLANEOUS No. 25756 of 2019) For the Petitioner/s : Mr.Suresh Prasad Sah @ Baranwal For the Opposite Party/s : Mr.Aditya Narayan Singh.1 (In CRIMINAL MISCELLANEOUS No. 28214 of 2019) For the Petitioner/s : Mr.Suresh Prasad Sah @ Baranwal For the Opposite Party/s : Mr.Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER
5 03-07-2019
Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
In these cases, the petitioners are seeking anticipatory bail in connection with Falka (Pothiya) P.S. Case No. 367 of 2018 registered for offence under sections 367, 302 and 201 of the Indian Penal Code and section 4 of the POCSO
Patna High Court CR. MISC. No.25756 of 2019(5) dt.03-07-2019 2/2
Act.
The girl of the informant was traceless and later on, her dead body was found lying beside the canal in decomposed condition. The victim was identified as daughter of informant. During investigation, co-accused Deepak Kumar Sharma has taken the name of this petitioner and narrated in what manner they have committed rape and killed the victim girl.
The learned counsel for the petitioner has brought an order passed in the case of Deepak Kumar Sharma in Cr. Misc. No. 80056 of 2018 in which he has been granted regular bail.
Looking to the facts and circumstances of the case, this Court is not inclined to grant bail to the petitioners and accordingly their prayer for bail is rejected. However, if the petitioners surrender and pray for regular bail, the court below will take decision in accordance with law.
(Shivaji Pandey, J)
Mahesh/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioners in a case involving rape, murder, and attempt to conceal the crime under IPC sections 367, 302, 201 and POCSO section 4.
2 provisions across 2 enactments
Ram Chandra Sharma @ Ram Chandra Kumar
Sudish Chaudhary
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
