Dhiraj Chauhan v. The State Of Bihar

Patna High Court Cr.Misc. No.43756 of 2018 (3) dt.24-09-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43756 of 2018 Arising Out of PS.Case No. -55 Year- 2018 Thana -NOKHA District- SASARAM (ROHTAS) ====================================================== Dhiraj Chauhan Son of Rajendra Chauhan Resident of Village- Narayanpur, Police Station- Khaira, N.T.P.C., District- Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Kant Singh, Adv. For the Opposite Party/s : Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-09-2018 Heard learned counsel for petitioner learned counsel for informant and learned A.P.P. for the State.

The petitioner seeks bail in Nokha P.S. Case No. 55/2018, registered for the offences punishable under Section 363 of the Indian Penal Code. Subsequently, sections 302, 201 and 34 were added.

It is alleged that informant's brother had gone to attend birthday party by motorcycle, but he did not return. His motorcycle was lying in abandoned condition which was seized by the police. Later on, dead-body was recovered. It has been submitted that petitioner is not named in the F.I.R. His name surfaced in the case on his confessional statement before the police. Petitioner is in custody since 09.03.2018.

Patna High Court Cr.Misc. No.43756 of 2018 (3) dt.24-09-2018 From the case diary, it appears that petitioner and his wife in their confessional statement have accepted the truth that they have murdered the brother of informant and threw the dead body. On their confession dead-body, mobile and weapon of murder was also recovered.

Considering the fact aforesaid, I am not inclined to enlarge the petitioner above-named on bail. Accordingly, the same is rejected.

(S. Kumar, J) Vinita/- U T