Devendra Kumar @ Devendra Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71522 of 2021 Arising Out of PS. Case No.-21 Year-2021 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Devendra Kumar @ Devendra Kumar Sah Son Of Hari Kishore Sah Resident Of Village And P.S.- Kundwa Chainpura, District - East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar, Advocate For the Opposite Party/s :
Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-09-2022 Heard learned counsel for the petitioner and learned APP for the State and perused the case diary. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 149, 342, 450, 376(D) (B), 302, 201 and 120B of the Indian Penal Code. It is case of murder after committing rape with the daughter of the informant.
It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case and there is no eye witness of the commission of murder rape with the deceased.
However, learned APP for the State opposed the prayer for anticipatory bail of the petitioner and submitted that
Patna High Court CR. MISC. No.71522 of 2021(3) dt.27-09-2022 2/2 the petitioner is named in the FIR and circumstantial evidence is against the petitioner along with other accused persons. He further submits that they disposed of the dead body by burning as last rites of the deceased and it is submitted that vide para132 and 133 of the case diary, witnesses have supported that the petitioner after committing the rape with the deceased killed her. Vide paras 174 and 175 of the case diary, informant and his son also corroborate the prosecution case and narrate the incident. After considering the facts and circumstances and gravity of the offence, I am not inclined to grant anticipatory bail to the petitioner.
Prayer for anticipatory bail is hereby rejected. (Sunil Kumar Panwar, J) Brajesh Kumar/- U