Criminal Miscellaneous application for anticipatory bail filed by five accused persons in a murder case based on Sections 302 and 34 of IPC. The High Court rejected the application, noting the gravity of the charge and lack of basis for presumption of innocence.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6802 of 2022
Arising Out of PS. Case No.-497 Year-2020 Thana- HARSIDHI District- East Champaran
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... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Tiwari For the Opposite Party/s : Mr.Shyameshwar Dayal
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CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
APP for the State.
The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Harsidhi P.S. Case no. 497 of 2020 instituted for the offence punishable under Sections 302, 34 of the Indian Penal Code.
It is a case of the commission of murder of the Informant’s son at his sasural, by his parents-in-laws and other members. All the accused persons including the petitioners
Patna High Court CR. MISC. No.6802 of 2022(3) dt.08-09-2022 2/2
have assaulted him brutally and ultimately they killed him by throttling. It is further alleged that with a view to wipe out the evidence, the petitioners had thrown his dead body on road side.
Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. In fact, deceased was a alcoholic man and while he was returning from his sasural, he met with an accident and died on spot.
Learned APP appearing for the State has opposed the prayer of bail and submitted that during investigation several witnesses have supported the prosecution story. Apart from this, Postmortem Report shows the cause of death due to strangulation.
Having heard learned counsel for the parties and considering the nature of allegation and gravity of offence, I am not inclined to grant bail to the petitioners and, as such, their applications for bail is rejected.
(Sunil Kumar Panwar, J)
sushma/aman U
1 issue framed by the court
Whether the petitioners are entitled to anticipatory bail in a murder case where they are apprehended of arrest.
Dharamdeo Mahto and others
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
