Daroga Musahar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73851 of 2023 Arising Out of PS. Case No.-134 Year-2023 Thana- CHANDI District- Bhojpur ====================================================== Daroga Musahar Son Of Rangbanadur Musahar Resident Of Village - Jahanpur, P.S. - Chandi, District - Bhojpur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravindra Kumar, Advocate For the Opposite Party/s :
Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 12-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Chandi P.S. Case No. 134 of 2023 arising out of Hathauri P.S. Case No. 95 of 2015 for the offence registered under Sections 302, 376, 201, 34 of the I.P.C.
3. Allegation against the petitioner and the other coaccused persons is of committing rape and murder of the wife of the informant.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case only on the basis of suspicion. He further submits that there is delay of two days in lodging the FIR which creates doubt on prosecution case. The petitioner has
Patna High Court CR. MISC. No.73851 of 2023(3) dt.12-02-2024 2/2 two criminal antecedents and he is in custody since 18.05.2023. Charge-sheet has already been submitted in this case and there is no chance of absconding of the petitioner or tampering with the evidence.
5. Learned APP appearing for the State has opposed the prayer of bail of the petitioner and submits that the son of the informant is the eye-witness who clearly stated that the petitioner was involved in the crime.
6. Having heard learned counsel for the parties and also considering the nature of allegation against the petitioner, this Court is not inclined to grant the privilege of regular bail to the petitioner and, as such, his prayer for bail is rejected. (Sunil Dutta Mishra, J) khushbu/- U T