Muntun Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6265 of 2022 Arising Out of PS. Case No.-515 Year-2019 Thana- MINAPUR District- Muzaffarpur ====================================================== Muntun Ram Son of Sakal Ram Resident of Village - Dumariya, Police Station- Minapur (Panapur O.P.), District - Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Sanjana, Advocate For the Opposite Party/s :

Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 27-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Minapur P.S. Case No. 515 of 2019 registered for the offence under Section 302 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 13.08.2021.

The allegation against the petitioner is to commit murder of the son of the informant, in manner of hanging by using Gamchha.

Learned counsel appearing on behalf of the petitioner submitted that this is a case of suicide out of family frustration,

Patna High Court CR. MISC. No.6265 of 2022(3) dt.27-09-2022 2/3 as deceased son of the informant opposed relation between petitioner and his mother. It is further submitted that during the course of investigation it has been found that informant is also involved in present occurrence. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail, submitted that informant is the eye witness of the occurrence. It is further submitted that manner of killing is in full corroboration with finding of post-mortem report, where cause of death is mentioned as "asphyxia due to hanging". Considering the facts and circumstances as mentioned above, as informant is the eye witness of the occurrence, where manner of killing is in full corroboration with finding of postmortem report, this Court is not inclined to grant bail to the petitioner, at present.

Accordingly, prayer of bail of the petitioner is rejected herewith.

Learned Trial Court is directed to proceed with the matter, by taking it on board, if required, on daily basis, so as

Patna High Court CR. MISC. No.6265 of 2022(3) dt.27-09-2022 3/3 trial may conclude within six months from the date of receipt of this order.

Superintendent of Police, Muzaffarpur is directed to produced the charge-sheeted witnesses, as and when directed by the Trial Court/Special Court, for expeditious disposal of trial, within specified time, as directed above.

(Chandra Shekhar Jha, J) pooja/- U T