Raju Rain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23107 of 2024 Arising Out of PS. Case No.-527 Year-2023 Thana- BUXAR District- Buxar ====================================================== Raju Rain SON OF LATE ISLAM RAIN RESIDENT OF VILLAGE- JALAL COLONY, NEAR GOURI SHIV MANDIR, SOHANI PATTI PS- BUXAR (T), DIST- BUXAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anand Kumar Ojha, Adv.

For the Opposite Party/s :

Mr. J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-07-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Buxar (Town) P.S. Case No. 527 of 2023, registered for the offences punishable under Sections 302 of the Indian Penal Code.

3. The informant is sister-in-law of the deceased. As per allegation, the petitioner developed intimacy with daughter of the deceased. The informant persuaded the daughter of deceased to arrange her marriage with someone else. Thereafter, the petitioner contacted the informant on her mobile No. 7753045305 from his mobile no. 8922056749 and threatened that if the daughter of the deceased was not married to him, the petitioner would kill her father. Later on, the dead-body of the deceased was recovered.

4. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.23107 of 2024(3) dt.05-07-2024 2/2 the petitioner is innocent and has falsely been implicated. There is no connection with death of the deceased and the petitioner. He submitted further that confessional statement of the petitioner before police is not an evidence in the eye of law.

5. On the other hand, learned APP, Shri. J.N. Thakur has submitted that the confessional statement of the petitioner is leading to recovery of the knife whereby he murdered the deceased. The blood-stained clothes of the deceased was also recovered at the disclosure of the petitioner. His further submission is that as many as 6 sharp cut injuries were found on the dead-body of the deceased which shows that the deceased was murdered by a sharp-cutting weapon.

6. The confessional statement of the petitioner is leading to recovery of the knife whereby the murder of the deceased was done. The post-mortem report shows that there are 6 sharp cut injuries on the persons of the deceased.

7. Considering the above-mentioned facts and circumstances, I am not inclined to grant bail to the petitioner. Accordingly, it is rejected.

(Nawneet Kumar Pandey, J) SONALI/- U T