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Patna High CourtCR. MISC./37422/2020bail rejected

Ravi Rajak @ Ravan Rajak @ Rawan Rajak v. The State Of Bihar

2021-03-16Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37422 of 2020 Arising Out of PS. Case No.-151 Year-2020 Thana- SONO District- Jamui ====================================================== RAVI RAJAK @ RAVAN RAJAK @ RAWAN RAJAK S/o Meghan Rajak Resident of Village-Dahiyari, P.S-Sono, District-Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Y. C. Verma, Sr. Adv.

Mr.Akash Raj For the Opposite Party/s :

Mr. Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-03-2021 Heard learned Senior Counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner seeks regular bail in connection with Sono Police Station Case No. 151 of 20120, registered for the offences punishable under Sections 302/201/34 of the Indian Penal Code.

The allegation, as per the First Information Report lodged by the Officer-in-Charge of Sono Police Station, is that he, after getting information about the murder of one Anjali Kumari, daughter of the petitioner, rushed towards the place of occurrence and upon seeing the police, the accused persons started fleeing away, but, on chase, the petitioner was apprehended by the police and he (the petitioner) confessed his

Patna High Court CR. MISC. No.37422 of 2020(3) dt.16-03-2021 2/3 involvement in the alleged killing of his daughter due to her love affairs with one Hemlal Paswan, and on the basis of his confessional statement, the dead body of his daughter was recovered by the police from a ditch.

Learned Senior Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and has falsely been implicated in this case on the basis of his confessional statement, which was recorded by the police and the same has been made basis of the First Information Report. He next submits that from perusal of the First Information Report, it would be evident that altogether three persons allegedly assaulted the deceased and subsequently killed and disposed the dead body, but the specific role of the petitioner has not been assigned in the First Information Report. He further submits that the statement of the mother of the deceased, under Section 164 of the Code of Criminal Procedure, 1973, has been recorded, in which she has stated that her daughter has committed suicide. He further submits that the petitioner is in custody since 20.06.2020.

On the other hand, learned Additional Public Prosecutor, referring to the case diary, submits that in course of investigation, on the basis of confessional statement of the

Patna High Court CR. MISC. No.37422 of 2020(3) dt.16-03-2021 3/3 petitioner, leading to recovery of the dead body, enough material has come against the petitioner that he has killed the deceased due to the fact that the deceased had fallen in love with one Hemlal Paswan. He next submits that upon post-mortem, the report says that neck of the deceased was found broken and the same belies the statement of the mother of the deceased that the deceased has committed suicide.

Having heard learned Counsel for the parties and taking into consideration the materials on record and the nature of allegation, I am not inclined to grant regular bail to the petitioner, at this stage.

This application is, accordingly, dismissed.

However, the petitioner may renew his prayer for bail after one year from today, if the trial does not show any progress.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √