Anup Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12409 of 2017 Arising Out of PS.Case No. -232 Year- 2016 Thana -BRAHMPUR District- BUXAR ======================================================

1. Anup Singh Son of Jogendra Singh, Resident of Village- Kuawan, Police Station- Brahmpur, District- Buxar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jagdish Prasad For the Opposite Party/s : Mr. Sri Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-04-2017 Heard both sides.

The petitioner seeks bail in Brahmpur P.S. Case No. 232/2016, registered for the offences punishable under Sections 302 and 201 of the Indian Penal Code.

The mother of the deceased alleged that her daughter had gone to the house of Vijay Bahadur Singh for taking milk, but she did not return. The informant went to search her daughter and found some blood in the lane of Sri Ram Singh and then her daughter was found in a bush near the house of Jogindra Singh. The villagers brought her daughter to the doctor for treatment, but her daughter was found dead.

Learned counsel for the petitioner submits that the petitioner is not named in the FIR. There is absolutely no evidence

Patna High Court Cr.Misc. No.12409 of 2017 (3) dt.17-04-2017 2/2 against the petitioner save and except the fact that the petitioner himself confessed his guilt. It is submitted that from perusal of the confession of the petitioner, it appears that the petitioner himself brought the daughter of the informant to the doctor and from there he brought the dead body to the courtyard of the informant. The informant gave a different story that villagers took the injured to the hospital. Some injuries are said to have been found on the person of the petitioner, but there is no medical examination. It appears from perusal of the case diary that the informant and other witnesses have alleged that the petitioner had one sided love with the deceased. The victim was found injured near the house of the petitioner in a bush.

It transpires that the petitioner strangulated the victim to death after committing rape. Considering the nature of allegations made against the petitioner, I am not inclined to enlarge the petitioner, above named, on bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J.)