Dipu Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34858 of 2024 Arising Out of PS. Case No.-344 Year-2023 Thana- NASRIGANJ District- Rohtas ====================================================== Dipu Kumar Sharma S/o Pratap Sharma R/o vill - Hariharganj, P.S. - Nasriganj, Distt. - Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kamla Kant Pandey, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 05-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in a case under Section 302/34 of the Indian Penal Code.

3. As per allegation in the FIR, it is a case of death of the mother of the informant (deceased) by the petitioner and other co-accused persons.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and petitioner has been arrested on mere suspicion and there is no eye witness of the alleged occurrence. He next submits that the petitioner has got no concern with the informant and her family members and he has got no criminal antecedent as stated in para-3 of the petition and he is in custody since 11.01.2024.

5. Learned APP for the State opposes the prayer for

Patna High Court CR. MISC. No.34858 of 2024(3) dt.05-08-2024 2/2 bail and submits that the petitioner is involved in the murder of the mother of the informant and further alleged that petitioner in his confessional statement has confessed his indulgence for commission of the murder of the deceased.

6. On perusal of the first information report, case diary, postmortem report of the deceased and impugned order dated 09.04.2024, it appears that the petitioner had been using the SIM number of the deceased and as per postmortem report of the deceased, the cause of the death of the deceased has been haemorrhage and shock caused by hard and blunt substance and electronic evidence together with confessional evidence, primafacie supports the indulgence of the petitioner in committing the murder of the mother of the informant (deceased).

7. Considering the facts and circumstances of the case and nature of the offence, I am not inclined to grant bail to the petitioner.

8. Accordingly, the prayer for bail of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) saurabhkr/- U T