Petitioner sought regular bail in a murder case. The accused alleged mortality by drowning with no injuries, while the prosecution produced FSL reports showing blood matches at the crime scene. The bench rejected the bail application citing the offence's gravity and the stage of the trial.
Prayer for regular bail rejected.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24242 of 2021
Arising Out of PS. Case No.-523 Year-2020 Thana- AHIYAPUR District- Muzaffarpur
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RAVI KUMAR @ RAVI KUMAR RAJAK SON OF SATENDRA RAJAK @ SUKHALU RAJAK R/O MOHALLA- YOGIYAMATH COMPANY BAG, P.S.- TOWN, DIST.- MUZAFFARPUR
... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar Pandey For the Opposite Party/s : Mrs. Pronoti Singh Mr. Suraj Narayan Yadav
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
4 02-12-2021
Heard learned counsel for the petitioner, the State
and the informant.
Petitioner seeks regular bail in a case registered for the offence punishable under Section 363, 302, 201/34 of the Indian Penal Code.
As per the prosecution case, on 14.06.2020 at 12 PM minor daughter of informant had gone to purchase some Shringar articles with Gunja Kumari but she did not return leading to registration of FIR against unknown.
Learned counsel appearing for the petitioner submits that petitioner is not named in the FIR. The name of petitioner has come in this case during the course of investigation only on the basis of suspicion. It is further submitted that dead body of victim was found from Sikandarpur Man and post mortem
Patna High Court CR. MISC. No.24242 of 2021(4) dt.02-12-2021 2/2
report discloses that death is caused due to drowning and there is no external or internal injury on the victim. Petitioner claims clean antecedent and is in custody since 20.06.2020 and investigation in this case is complete.
Learned counsel appearing for the State and the informant opposed the prayer for bail and submitted that during the course of investigation in paragraph 34 of case diary it has come that blood stain was found in the shop of this petitioner where the victim had gone to purchase articles, which were sent for Forensic Science Laboratory and the report of FSL reveals that articles, which were sent for examination, contain the blood of victim. It is further submitted that dead body of deceased was found in Sikandarpur Man and her both hands and legs were tied with cloth. It is also submitted that charge has already framed in this case and three witnesses have already been examined.
Considering the nature of accusation and gravity of the offence and progress of the trial, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.
BKS/( Prabhat Kumar Singh, J ) U T
2 issues framed by the court
Whether the petitioner should be granted regular bail in a murder case.
Whether the petitioner's claim of not being named in the FIR warrant bail.
1 provisions across 1 enactments
Ravi Kumar @ Ravi Kumar Rajak
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
