The Court declined to grant pre-arrest bail as petitioner no. 2 was guilty of strangulating the deceased: High court of Patna
The petitioner no.2 was arrested under Sections 302, Indian penal code, “Punishment for murder”, section 34IPC, “Acts done by several persons in furtherance of common intention”. This is in connection with Kesaria PS Case No. 227 of 2020 dated 05.06.2020
This judgment was given in the high court of Judicature at Patna by honorable Mr. Justice Ahsanuddin Amanullah on the 30th of July 2021 in the case of Kapildeo Rai versus the state of Bihar criminal miscellaneous No. 37115 of 2020, Mr. Naresh Chandra Represented as the advocate for the petitioner no.2 and Mr. Anuj Kumar represented as the additional Public Prosecutor, the proceedings of the court were held via video conference. The following are the facts of the case, petitioner no.2 along with others were accused of strangulating her sister-in-law (the wife of her brother).
The counsel representing the petitioner held that the petitioner is the unmarried younger sister of the husband of the deceased and she is not connected with this incident. The husband of the deceased is required to explain the incident and has been taken into custody, not his sister, even the mother of the petitioner was granted bail after being held behind the bars, he further held that even the informant claimed that the accused had no role in the crime and the petitioner has no other criminal antecedent.
However, the additional public prosecutor held that the petitioner was the main reason for this crime, since the family was coercing the deceased to provide for Rs.1 lakh doe the marriage expenses of petitioner no.2, according to the post-mortem it was found that there was a black mark on the neck and blood was oozing from the nice which clearly indicates she was strangulated. On further investigation there was a black mark found on the right hand of the deceased and the petitioner was present during the occurrence of this crime and was a vital party to the crime because the deceased could not have been strangulated by one person alone and was done with help of the petitioner and even the mother confessed that the family was not happy with the deceased working, the lady had four children and there is no possibility of her committing suicide, and leaving her minor children behind. The APP further submitted that a clean chit has not been given to the accused and taking into consideration the future of the children and the family members of petitioner no.2 were clearly involved in murder, therefore it is a non-compoundable offense.
The court concluded that “Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to grant pre-arrest bail to the petitioner no. 2. Accordingly, the petition stands dismissed.”