Suraj Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40339 of 2024 Arising Out of PS. Case No.-305 Year-2023 Thana- ROSHANGANJ District- Gaya ====================================================== Suraj Bhuiyan S/O Late Munarik Bhuiyan Resident of Mohalla- Diguriya, P.S. Roushanganj (Bankebazar), District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in Roushanganj (Bankebazar) P.S. Case No. 305 of 2023, instituted for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.

3. The prosecution case, in short, is that, the petitioner along with other co-accused persons murdered the daughter of the informant and disappeared the dead body of the deceased.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Learned counsel for the petitioner further submitted that the

Patna High Court CR. MISC. No.40339 of 2024(3) dt.31-07-2024 2/3 petitioner is father-in-law of the deceased and is separate in mess and business with his son and the deceased. The husband of the deceased is in judicial custody. No specific allegation levelled against the petitioner, rather general and omnibus allegation has been made against all the accused persons. The petitioner is in custody since 09.11.2023 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned APP for the State further submitted that the petitioner has confessed his indulgence in the killing of informant's daughter in his confessional statement and her dead body was recovered on the basis of petitioner's confession. The petitioner along with others have disappeared the dead body of the deceased by deserting her body in a dig and put salt over her dead body for its decomposition in the soil. Hence, the petitioner does not deserve the privilege of bail.

6. Considering the nature of accusation against the petitioner and the gravity of the offence, this Court is not inclined to grant bail to the petitioner.

7. The prayer is rejected. The Trial Court is directed to expedite the trial expeditiously. However, if the trial is not

Patna High Court CR. MISC. No.40339 of 2024(3) dt.31-07-2024 3/3 concluded within a period of one year from the date of receipt/production, the petitioner will have liberty to renew his prayer for bail in the Court below.

(Rudra Prakash Mishra, J) Rajorshi/- U T