The Patna High Court rejected bail applications for two petitioners charged with murder. The court dismissed the prayer due to the heinous nature of the accusation despite the defense's claim of innocence and lack of eyewitness testimony.
Prayer for grant of bail to the petitioners rejected; trial directed to conclude at 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.3482 of 2023
Arising Out of PS. Case No.-85 Year-2022 Thana- SAKATPUR District- Darbhanga
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kumar For the Opposite Party/s : Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
3 09-05-2023
learned A.P.P appearing on behalf of the State.
The petitioners are languishing in custody in a
case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.
The prosecution case as per F.I.R is that the dead body of the son of the informant was found in the house of the petitioner Bulanti Devi. The informant
alleged that the petitioners along with other accused persons have killed his son.
It is submitted by learned counsel for the
Patna High Court CR. MISC. No.3482 of 2023(3) dt.09-05-2023 2/3
petitioners that petitioners are innocent and they have falsely been implicated in this case. The deceased was
missing and later on his dead body was found from the under constructed house of the petitioners which is far away from the residential house of the petitioners. There
is no eye witness to the occurrence. There is counter version of the occurrence also. The petitioners are languishing in custody since 29.09.2022 and 19.10.2022 respectively. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.
In contra, learned A.P.P appearing on behalf of
the State has vehemently opposed the prayer for bail of the petitioners and submitted that son of the informant was aged about 2.5 years and his dead body was recovered from the house of the petitioners. During investigation, it was found that these petitioners used to practice witchcraft and they might have used the witchcraft on the minor son of the informant and killed
Patna High Court CR. MISC. No.3482 of 2023(3) dt.09-05-2023 3/3
him.
Considering the nature of accusation being
heinous in nature, this Court is not inclined to grant bail to the petitioners. The prayer for grant of bail to the petitioners stands rejected.
The trial Court is directed to expedite the trial
and conclude the same at the earliest.
(Sunil Kumar Panwar, J)
Shageer/-
U T
1 issue framed by the court
Whether bail should be granted to petitioners accused of murder under Sections 302/34 IPC despite their claim of innocence and lack of custody antecedents.
1 provisions across 1 enactments
Archna Devi @ Archna Kumari and Bulanti Devi
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
