Patna High CourtCR. MISC./46468/2024rejected

Guddu Kumar @ Dhananjay Kumar v. The State Of Bihar

2024-09-21Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46468 of 2024 Arising Out of PS. Case No.-4 Year-2024 Thana- SRINAGAR District- West Champaran ====================================================== Guddu Kumar @ Dhananjay Kumar S/O Jawahir @ Javahi Mali R/O VillageSerha, Bathuwariya, P.S- Bathuwariya At Present Residing In Village Nawalpur, Nawaka Tola, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s :

Dr. Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-09-2024 Heard Mr. Sarvesh Kashyap, learned counsel for the petitioner and Dr. Mrityunjaya Kr. Gautam, learned A.P.P. appearing on behalf of the State.

2. The petitioner seeks bail, who is in custody since 15.02.2024, in connection with Shrinagar P.S. Case No. 04 of 2024, FIR dated 22.01.2024 registered for the offence under Section 302 of the Indian Penal Code.

3. As per the prosecution case, some unknown persons is said to have killed the sister of the informant by pressing her neck by mufflar.

4. Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and he has falsely been implicated in this case. He further submits that the petitioner is not named in the FIR, the name of the petitioner has been transpired during the

Patna High Court CR. MISC. No.46468 of 2024(3) dt.21-09-2024 2/2 investigation on the basis of the self confessional statement of the petitioner and except the aforesaid no other cogent material has come during the investigation to suggest the involvement of the petitioner in the present occurrence. The petitioner is rotting in judicial custody since 15.02.2024.

5. Learned A.P.P. for the State, on the other hand, has opposed the prayer for bail of the petitioner and submits that the name of the petitioner has been transpired in this case on the basis of the self confessional statement of the petitioner which is also supported by the medical report of the deceased which reveals that the death was due to asphyxia as a result of strangulation apart from that the CDR location of the petitioner suggests that on the date of occurrence the CDR location was found near the house of the deceased.

6. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail in connection with Shrinagar P.S. Case No. 04 of 2024 pending in the Court of learned Chief Judicial Magistrate, Bettiah, West Champaran.

7. Prayer is refused.

(Rajesh Kumar Verma, J) ajay/- U T