In a murder case under the Indian Penal Code, the petitioner petitioned for bail, alleging false implication and suicide of the deceased. The court, noting the nature of allegations, rejected the application to enlarge the petitioner on bail.
Application for bail was 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.19458 of 2020
Arising Out of PS. Case No.-64 Year-2019 Thana- BAIRIYA District- West Champaran
======================================================
RITESH SAH @ NITESH Son of Jagdish Sah Resident of Village- Pakhnaha Bazar, P.S.- Bairiya, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar No 7 For the Opposite Party/s : Mr.Mohammed Arif ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
4 07-09-2020
This matter is taken up for consideration through
Video Conferencing under the orders of Hon’ble the Chief Justice.
Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P for the State.
The petitioner seeks bail in Bairiya P.S. Case No. 64 of 2019 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.
Prosecution case in brief is that informant’s daughter was married with this petitioner one year ago. One motorcycle was given by the informant to this petitioner which was registered in the name of his daughter. Petitioner alongwith other accused persons wanted to sell that motorcycle which was being protested by the daughter of informant. Ultimately, on
Patna High Court CR. MISC. No.19458 of 2020(4) dt.07-09-2020 2/2
20.02.2019, the petitioner and his family members killed the daughter of informant by strangling.
It is submitted on behalf of the petitioner that petitioner has been falsely implicated in this case. Petitioner is innocent. There is no allegation of demand of dowry and torture. The daughter of informant (deceased) has committed suicide.
Petitioner is husband of the deceased and the death has occurred in other than the normal circumstance. The cause of death is asphyxia due to strangulation.
Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected.
(Prabhat Kumar Singh, J)
vinita/-
U T
2 issues framed by the court
Whether the petitioner is eligible to be granted bail in a case involving murder charges under Sections 302/34 IPC.
Whether the allegation that the deceased committed suicide affects the charge against the petitioner.
1 provisions across 1 enactments
Ritesh Sah @ Nitesh
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
