Raja Babu v. The State Of Ibhar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52238 of 2024 Arising Out of PS. Case No.-725 Year-2023 Thana- KUDHNI District- Muzaffarpur ====================================================== 1.

Raja Babu S/O Dilip Chaudhary @ Deelip Chaudhari @ Dileep Choudhary R/O Village- Mohanpur, P.S- Kudani, Distt.- Muzaffarpur. 2.

Dilip Chaudhary @ Deelip Chaudhari @ Dileep Choudhary S/O Late Jhuri Lal Chaudhari R/O Village- Mohanpur, P.S- Kudani, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-10-2024 Heard learned counsel for the petitioners as well as learned APP for the State.

2. In this case, the petitioners are seeking regular bail in connection with Kudhani P.S. Case No. 725 of 2023, registered for the offences punishable under Sections 302/34 of the IPC.

3. Informant Sanjeet Kumar Chaudhary is son of petitioner no. 2, namely, Dilip Chaudhary and petitioner no. 1 is brother of the informant. Informant stated in the FIR that his niece Anjali Kumari (the deceased) had came to his house. There was a dispute between the petitioners and Anjali Kumari regarding partition of the land. The petitioners started abusing her and also dashed the informant when he came to rescue her. The informant went to call the villagers and when he returned back, he saw that

Patna High Court CR. MISC. No.52238 of 2024(3) dt.01-10-2024 2/2 the petitioners had committed murder of his cousin sister Anjali Kumari by assaulting her with knife and iron rod etc.

4. Learned counsel for the petitioners submits that witnesses are not independent and there is already a land dispute which is the motive for false implication of the petitioners. It is further submitted that the petitioners are persons of clean antecedent.

5. On the other hand, learned APP for the State, Mr. J.N. Thakur has vehemenly opposed the prayer for bail and submitted that allegation is corroborated by the witnesses in case diary and also corroborated by the postmortem report.

6. Considering the above-mentioned facts and circumstances as well as gravity of the allegation, I do not think it to be a fit case for bail, which is hereby rejected. (Nawneet Kumar Pandey, J) priyanka/- U T