Regular bail sought by an accused in a beheading murder case of a woman and child. The court noted the co-accused's confessional statement implicating the petitioner and the recovery of the sword pursuant to it, and rejected bail while directing the trial court to expedite the trial.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45212 of 2024
Arising Out of PS. Case No.-167 Year-2023 Thana- PHULPARAS District- Madhubani
======================================================
Pradeep Sahu @ Pradeep Kumar S/o Singheshwar Sahu RESIDENT OF VILLAGE RATAULI, P.S. PHULPARAS, DISTRICT MADHUBANI
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Gautam Kejriwal, Advocate For the Opposite Party/s : Mr.Choubey Jawahar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 13-11-2024 Heard Mr. Gautam Kejriwal, learned counsel for the petitioner, the State and the informant.
(i) on 22.03.2009, when the Informant was patrolling, received secret information that a beheaded body of a lady and a child had been thrown near Bharauli River Bank;
(ii) when the Informant reached Bharauli River Bank, he found the beheaded body of a lady aged about 35 years and a child aged about 10 years were lying there. The Informant
Patna High Court CR. MISC. No.45212 of 2024(5) dt.13-11-2024 2/4
immediately informed the Police In-charge of Phulparas Police Station upon which police force reached the place;
(ⅲ) however, despite search the Informant/Police force failed to locate the heads of the women and the child. Thereafter, the bodies were sent to Sadar Hospital, Madhubani for Post Mortem;
(iv) based on the aforesaid statement of the Informant, the ‘Choukidar’ of Phulparas Police Station, the Phulparas P.S. Case No. 167/2023 dated 22.03.2023 was lodged against unknown for alleged murder of unknown persons under Section 302 and 201 of the Indian Penal Code.
Patna High Court CR. MISC. No.45212 of 2024(5) dt.13-11-2024 3/4
Patna High Court CR. MISC. No.45212 of 2024(5) dt.13-11-2024 4/4
confession, the sword has also been recovered/seized. Bipin Sah, Raj Narayan Sah as also this petitioner who had relationship with the deceased lady ensured the killing/removing of the head and in the process, killed an innocent child who was about to bloom and who otherwise would have seen decades had the accused persons not killed her.
(Rajiv Roy, J)
Ravi/-
U T
1 issue framed by the court
Whether the petitioner in judicial custody for murder and disappearance of evidence under Sections 302/201 IPC should be granted regular bail.
2 provisions across 1 enactments
Pradeep Sahu @ Pradeep Kumar
The State of Bihar
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
