Jai Kishun Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2438 of 2024 Arising Out of PS. Case No.-235 Year-2023 Thana- RAJAPAKAR District- Vaishali ====================================================== Jai Kishun Ram S/o Late- Nageshwar Ram, R/o Village- Harpur, Hardas, P.S.- Rajapakar, District- Vaishali.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ajay Kumar Thakur, Sr. Advocate Mrs. Vaishnavi Singh, Advocate Mr. Prawin Kumar, Advocate For the Opposite Party :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-03-2024 Heard Mr. Ajay Kumar Thakur, the learned senior counsel for the petitioner and Mr. Rabindra Kumar, the learned Additional Public Prosecutor for the State.

2.

The petitioner is apprehending his arrest in connection with Rajapakar PS Case No. 235 of 2023, FIR dated 27.06.2023, registered for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code. 3.

According to prosecution case, the informant received a confidential information regarding the murder of a girl by her family members and the dead body being kept in another house for disposal at appropriate time. It is further alleged that for verification of the received information, the informant along with other police personnel, patrolling

Patna High Court CR. MISC. No.2438 of 2024(3) dt.19-03-2024 2/3 personnel and local chowkidar reached at the house in question and upon seeing the police party some persons managed to flee while other were apprehended. It is further alleged that in presence of villagers the house in question was searched and the dead body was recovered which was subsequently sent for postmortem. 4.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case, in fact, the petitioner is the father of the victim and as per the allegation in the FIR, the petitioner and other co-accused persons have killed the daughter of the petitioner and dead body was recovered from the house of the brother of the petitioner. 5.

The learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner and submits that prior to the lodging of the present FIR, the Rajapakar PS Case No. 212 of 2023 was instituted through which the petitioner has alleged that his daughter was kidnapped by someone and the statement of the recovered victim was recorded under Section 164 of the Cr.P.C. and it appears from the statement of the victim that in paragraph no. 3, 7, 8, 9, 16 and 17 of the case diary, all the prosecution witnesses has supported the case of the prosecution and apart

Patna High Court CR. MISC. No.2438 of 2024(3) dt.19-03-2024 3/3 from that, in paragraph no. 10 of the case diary, the confessional statement of the mother of the victim namely, Sarita Devi was recorded, in which she has stated that she along with her husband (petitioner) had killed the victim namely, Sanjana Kumari. He lastly submits that petitioner has one more criminal antecedent other than the present one, but fairly admits that he is on bail in the pending matter.

6.

Considering the aforesaid facts and circumstances and the fact that there is direct and specific allegation against the petitioner, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Rajapakar PS Case No. 235 of 2023, pending in the Court of Chief Judicial Magistrate, Vaishali at Hajipur.

7.

Prayer is refused.

(Rajesh Kumar Verma, J) Shahnawaz/- U T