PATNA HIGH COURT ISSUES ORDER ON AJAY KUMAR V/S THE STATE OF BIHAR

PATNA, India, July 2 -- Patna High Court issued the following order on June 2:

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with S.T. No. 438 of 2024 arising out of Sarsi P.S. Case No. 72 of 2024, lodged on 10.04.2024 under Sections 302, 201 and 34 of the Indian Penal Code.

3. As per the prosecution case, the present F.I.R. has been lodged against six named accused persons, including the petitioner, alleging the murder of the informant's daughter, who was the petitioner's second wife.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. He further submits that a bare reading of the F.I.R. clearly indicates that the case has been instituted against the petitioner and his family members purely on suspicion, and beyond such suspicion, there is no substantive material to support the allegations. It is further submitted that the F.I.R. was lodged after an unexplained delay of two days, despite the fact that it was the petitioner himself who informed the informant about his wife's disappearance. In view of these facts, learned counsel prays for calling the case diary and the post-mortem report for proper appreciation of the matter.

5. Learned counsel for the State opposes the prayer for bail and submits that the learned Sessions Court has already taken note of and discussed the relevant materials from the case diary in its order. He further submits that the modus operandi of the crime and the manner in which the deceased's body was disposed of have been elaborately recorded in the case diary, with specific reference to paragraphs cited in the Sessions Court's order sheet.

6. In the present facts and circumstances, I am not inclined to grant regular bail to the petitioner. Accordingly, the prayer for regular bail of the petitioner in connection with S. Tr. No. 438 of 2024, pending before the learned 2nd Additional Sessions Judge, Purnea, is hereby rejected.

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