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Patna High CourtCR. MISC./67739/2022bail rejected

Guddu Urawn @ Ajay Urawn v. The State Of Bihar

2023-04-04Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67739 of 2022 Arising Out of PS. Case No.-414 Year-2022 Thana- PURNEA SADAR District- Purnia ====================================================== 1.

GUDDU URAWN @ AJAY URAWN Son of Suraj Urawn @ Surya Urawn R/v- Birpur, Imalitola, P.S.- Sadar, District- Purnea 2.

BULLET URAWN Son of Raju Urawn R/v- Birpur, Imalitola, P.S.- Sadar, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 04-04-2023 Heard learned counsel for the petitioners as well as learned APP for the State.

In this case, the petitioners are seeking regular bail in connection with Sadar (Mufassil) P.S. Case No. 414 of 2022, registered for the offences punishable under Section 302/34 of the IPC.

The informant of this case is Rita Devi. She has mentioned in her fardbeyan that prior to the occurrence, some altercations have taken place between children of both the parties on the occasion of marriage. On 09.06.2022, at about 6:50 pm, the petitioner, along with Guddu Urawn and Bhotta Rishi came to the house of the informant and they took her

Patna High Court CR. MISC. No.67739 of 2022(3) dt.04-04-2023 2/3 husband out of the house. Her husband could not be traced. In the next morning, he was found in a field in unconscious state. He was brought to the hospital, where he died. The accused persons had killed the deceased by assaulting him with knife, fists and slaps.

The learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. None has seen the occurrence and they have been made accused, only on the basis of suspicion. On the other hand, the learned APP and learned counsel for the informant have opposed the prayer for bail and submitted that when the deceased was shifted to the hospital, he regained his consciousness for some time and he himself narrated the entire occurrence to an independent witness namely Dinesh Rishi, whose statement has been mentioned in paragraph no. 69 of the case diary. Dinesh Rishi has stated that when the deceased regained his consciousness for some time during course of treatment, he narrated the entire occurrence and has stated that it was the petitioner, co-accused Bullet Urawn and Bhotta Rishi, who badly assaulted him by fists, slaps and knife and made him injured. After some time, he died. Considering the above-mentioned facts and

Patna High Court CR. MISC. No.67739 of 2022(3) dt.04-04-2023 3/3 circumstances as well as the materials available on records, I do not think it to be a fit case for bail, which is hereby rejected. (Nawneet Kumar Pandey, J) Kundan/Alok U T