Single judge rejected the prayer for anticipatory bail, noting a viral audio clip suggested active participation by the petitioner. Application is rejected; if petitioner surrenders within four weeks, bail may be considered.
Prayer for anticipatory bail rejected.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41286 of 2021
Arising Out of PS. Case No.-21 Year-2021 Thana- KUNDWACHAINPUR District- East
Champaran
====================================================== Sanjeev Kumar Ranjan Son of Nayak Manjhi Resident of Village- Salempur, P.S.- Town, District- Saran at Chapra.
... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vinay Ranjan For the Opposite Party/s : Mr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
4 29-11-2021
Heard learned counsel for the petitioner and
learned APP for the State.
Learned counsel for the petitioner is expected
to honour his undertaking given in the instant case for
depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 149, 342, 450, 376(DB), 302, 201, 120B of
the Indian Penal Code and Section 4 and 5 of the
Patna High Court CR. MISC. No.41286 of 2021(4) dt.29-11-2021 2/3
Protection of Children From Sexual Offences Act.
It is alleged by the informant that he is
resident of Nepal and works as a tea hawker in the local market of Chainpur. It is further alleged that while the informant and his wife went to Nepal, his minor daughter aged about 12 years, stayed in the rented house was raped and murdered and her dead body was cremated forcefully by the accused persons on 21.01.2021.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. It is further submitted that at the relevant time, the petitioner was posted as SHO Kundwa Chainpur police station East Champaran. Petitioner has no criminal antecedent.
Considering the fact that the role of the present petitioner came fore when one audio clip was made viral, which disclosed the talk with the FIR named accused Ramesh and the same is mentioned in
Patna High Court CR. MISC. No.41286 of 2021(4) dt.29-11-2021 3/3
para 114 of the case diary. Perusal of the conversation discloses as to the alleged active participation of the
petitioner into the incident and also the fact that the petitioner himself appears to be suggesting the accused persons for disposal of dead body of the victim, this Court is not inclined to grant privilege of anticipatory bail to the petitioner. The prayer for anticipatory bail of the petitioner is rejected.
However, if the petitioner surrenders before the Court below within a period of four weeks from today, the Court below may consider the prayer for bail of the petitioner, without being prejudiced by the order of this Court.
(Sunil Kumar Panwar, J)
Jagdish/- U T
2 issues framed by the court
Whether the applicant entitled to anticipatory bail in a case involving rape of a minor, murder, and cremation of the body.
Whether the viral audio clip disclosing active participation of the petitioner suggests active role in the offense, negating privilege of bail.
Sanjeev Kumar Ranjan
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
