Raja Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24113 of 2020 Arising Out of PS. Case No.-92 Year-2020 Thana- RAJAON District- Banka ======================================================
1. Raja Kumar, aged about 25 years, Male
2. Sunny Kumar @ Sanni Kumar, aged about 30 years, Male, both sons of Shankar Harijan, both resident of village- Punsia Basti, P.S. Rajoun, DistrictBanka. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Mukherjee, Advocate For the State :
Mr.Sujeta Yadav, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-12-2020 Heard the parties through the virtual court proceeding. The petitioners seek bail in connection with Rajoun P.S. Case No. 92 of 2020 registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code. The prosecution case in short is that F.I.R. lodged by Binita Devi, wife of Karan Kumar, in her fardbeyan, she stated that she has married 3 years ago and she has given birth a female child in the year 2018. She has again given birth a female child, thereafter petitioners and other family members ousted from house. But female child was reside in the house and after conspiracy petitioners and other family members killed her daughter.
Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.24113 of 2020(4) dt.09-12-2020 2/3 petitioners are quite innocent and have committed no offence. They have been falsely implicated in the present case. He further submits that after lodging the F.I.R., both the petitioners have been arrested by the police and on the basis of confessional statement of petitioners dead body of the infant has been recovered near river after digging the earth and confessional statement of petitioners is the part of the first information report. Learned counsel for the petitioners further submits that it is true that three months old infant has been died but real fact is that she died due to illness before her death she has been properly treated by the local doctor in hospital and he further submits that the petitioners are in jail custody since 14.03.
2020 and the petitioners have got no any criminal antecedent. I have perused the record including the case diary. Vide paragraphs 12 and 13 of the case diary, there is confessionals statement of Sunny Kumar and Raja Kumar respectively. In supervision vide paragraph-34 of the case diary, case has been found true. The offence is very serious in nature. Learned A.P.P. for the State opposed the bail petition. Considering the nature and gravity of offence, I am not inclined to enlarge the above named petitioners on bail.
Patna High Court CR. MISC. No.24113 of 2020(4) dt.09-12-2020 3/3 in connection with Rajoun P.S. Case No.92 of 2020 pending in the court of learned Chief Judicial Magistrate, Banka is hereby rejected.
(Anjani Kumar Sharan, J) Nasimul/- U T