In a bail application in a murder case involving suspended animation and concealment of the dead body, the single judge refused bail and directed the trial court to expedite proceedings.
Bail application rejected; trial directed to be concluded at an earliest.
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.30970 of 2022
Arising Out of PS. Case No.-428 Year-2021 Thana- CHANPATIA District- West Champaran
======================================================
Amirka Baitha @ Amerika Baitha, Son of Sri Chokat Baitha Resident of village - Khora Koiri Tola, Ward No.- 02, P.S.- Chanpatia, District - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : None For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 03-08-2022
No one appears for the petitioner. On previous day
also learned counsel for the petitioner was absent. Learned APP represents the State.
Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course.
The case relates to Chanpatia P.S. Case No.428 of 2021 instituted under Sections 302, 201/34 of the Indian Penal Code.
The allegation in the FIR is that the ‘ Chowkidar ’ informed that the dead body of an unknown lady has been discovered near the pond. The ‘ Chowkidar ’ tried to identified the body but fail to do so and accordingly the FIR was lodged.
Subsequently, during the investigation it was found that the dead body belong to the family of Bharat Baitha he
Patna High Court CR. MISC. No.30970 of 2022(2) dt.03-08-2022 2/2
being the father of the deceased lady and it was further revealed that there had been some dispute and as the father tried to prohibit her from screaming pressed her mouth in such a way that she ultimately died. Thereafter out of fear, they tried to dispose of the body in which the family and the neighbours were also involved.
During the investigation, it has come that it was the petitioner herein, the father of the victim girl who pressed the mouth of the lady causing her death. The further allegation is of dumping the body near pond.
Considering the aforesaid fact, this Court for the present is not inclined to grant him privilege of bail, which is accordingly rejected.
The Trial court is directed to expedite the trial and conclude the same at an earliest.
Prakash Narayan /- U T
(Rajiv Roy, J)
1 issue framed by the court
Whether the applicant is entitled to be granted bail in a case of murder and concealment of evidence.
1 provisions across 1 enactments
Amirka Baitha @ Amerika Baitha
The State of Bihar
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
