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Patna High CourtCR. MISC./29648/2023dismissed

Shree Ram Kumar @ Sriram Kumar v. The State Of Bihar

2023-08-22Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29648 of 2023 Arising Out of PS. Case No.-509 Year-2022 Thana- MASAUDHI District- Patna ====================================================== SHREE RAM KUMAR @ SRIRAM KUMAR S/O SURESH RAVIDAS R/O Village- Radha, P.S- Dhanarua, Distt.- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anuj Kumar, Advocate For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-08-2023 Heard the parties.

The petitioner is an accused in connection with Masaudhi P.S. Case No. 509 of 2022 registered for the offences under sections 302 and 34 of the Indian Penal Code lodged on 09.08.2022 by the informant, Priyanka Kumari. As per the prosecution story, the informant gave written application that her mother, Dasmanti Devi went from her house stating that the 'ration' has to be distributed. However, later she failed to have any contact with her and the mobile was also switched off. Later, it was found that the house was locked and foul smell was coming. It was found that she is dead since days without any cloth on her body. Accordingly, the informant has strong suspicion that her mother was killed after committing rape by unknown persons, this led to the FIR.

Patna High Court CR. MISC. No.29648 of 2023(3) dt.22-08-2023 2/2 During investigation, one Deepak Das was arrested and he confessed of committing rape followed by killing stating that the petitioner had given Rs. 10,000/- to commit the murder because he had strong belief that the lady is going to alienate the entire land in favour of her daughter.

The case of the petitioner is that Deepak Das is the main culprit and only because of his confession, the petitioner has been dragged in, he had no role to play in the matter. Learned APP for the State, on the other hand, submits that the petitioner is son of the informant's step-sister who wanted share in their ancestral land and for this very purpose, her mother has been killed at his behest.

Considering the aforesaid facts, this Court is not inclined to extend him privilege of bail, which is accordingly rejected.

The Trial Court is directed to expedite the trial and conclude the same preferably within a period of one year. (Rajiv Roy, J) Neha/- U T