High Court of Patna heard a bail application by a petitioner charged under Sections 302, 364, 401 and 34 IPC. The arrest was in connection with an honour killing where the victim was assaulted by the petitioner. The court rejected the bail plea, citing the brutality of the offence.
Prayer for bail is 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.32298 of 2021
Arising Out of PS. Case No.-219 Year-2020 Thana- MAHNAR District- Vaishali
======================================================
Md Sabir S/o Md. Muslim R/o village- Ward No. 03, Kharjamma, P.S.Mahnar, Distt.- Vaishali
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Mukesh Kumar No1, Advocate For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
3 06-01-2022
Heard learned counsel for the petitioner and learned
A.P.P. for the State through virtual Court proceedings.
The petitioner seeks bail in connection with Mahnar P.S. Case No. 219 of 2020 instituted for the offences under Sections 302, 364, 401 and 34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is in custody since 21.02.2021, is a person with clean antecedent and charge-sheet has been submitted in the case.
Learned counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R. it would manifest that this petitioner was the informant and he had alleged that while his mother was sitting at the door, four accused on two motorcycles came and his mother, out of four accused, identified Aman Kumar @ Shalu Singh, who asked
Patna High Court CR. MISC. No.32298 of 2021(3) dt.06-01-2022 2/3
about the sister of the informant namely Soni Praveen (deceased) and thereafter the said Aman Kumar with help of three unknown accused abducted the sister of the informant and all four persons fled away.
During the course of investigation it transpired that it was a case of honour killing, as the informant was averse to the relationship between his sister and Aman, further during the course of investigation it has also come that the deceased was often assaulted by the informant and her family members for carrying her relationship with Aman, as it has come in the audio recording of the deceased, further at times oil was also poured on her. It has also come during the course of investigation that she was assaulted and had marks of injury on account of assault on her body which she disclosed to Aman in her WhatsApp chat with him.
Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner and submits that this petitioner appears to be a very brutal person as he used to assault his own sister who was in love with Aman. Learned A.P.P. further submits that this petitioner made efforts to falsely implicate an innocent person in the case with the help of his family members.
Patna High Court CR. MISC. No.32298 of 2021(3) dt.06-01-2022 3/3
Learned counsel for the petitioner submits based on Annexure – 2 to the bail application that the mother of the petitioner has not supported the investigation carried by the police and has represented before the Superintendent of Police, Vaishali, Hajipur with regard to the same. On this learned A.P.P. submits that it was with the aid of the mother only that this petitioner tried to implicate Aman by alleging that out of four persons, the mother identified only Aman.
Considering the fact that the brutality with which a life has been taken away only because the deceased was in love with someone, the Court does not feel persuaded to grant bail to the petitioner. His prayer for bail is thus rejected.
(Satyavrat Verma, J)
Rishi/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner charged with murder and abduction in a case described as an honour killing.
1 provisions across 1 enactments
Md Sabir
The State Of Bihar
Satyavrat Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
