Md. Meeraj vs. The State Of Bihar
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Order Issued After Hearing
Purpose:
For Orders (On Petitions)
Before:
Hon'ble Mr. Justice Ahsanuddin Amanullah , Mr. Justice Purnendu Singh
Listed On:
2 Aug 2022
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Order Text
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.1117 of 2017 Along with Interlocutory Application No. 03 of 2021
Arising Out of PS. Case No.-45 Year-2015 Thana- SAHEBGANJ District- Muzaffarpur
Md. Meeraj Son of Md. Shaheed, Resident of Village- Chakwa Jagdishpour, P.O.- Karnaul, P.S.- Sahebganj, District- Muzaffarpur.
Versus
======================================================
... ... Appellant/s
The State of Bihar
| Respondent/s | ||
|---|---|---|
| Appearance : | ====================================================== | |
| For the Appellant/s | : | Mr. Nagendra Singh, Advocate. |
| Mr. Upendra Kumar Chaubey, Advocate. | ||
| For the State | : | Ms.Shashi Bala Verma, APP. |
| ====================================================== |
CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH and HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER
(Per: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH)
9 02-08-2022 Re.: Interlocutory Application No. 03 of 2021
Heard Mr. Nagendra Singh, learned counsel along with Mr. Upendra Kumar Chaubey, learned counsel for the appellant-applicant and Ms. Shashi Bala Verma, learned A.P.P. for the State.
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Interlocutory Application No. 03 of 2021 has been filed by the appellant-applicant seeking suspension of sentence and grant of bail during the pendency of the appeal.
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The appellant-applicant stands convicted under Sections 302 and 376 of the Indian Penal Code and Section 4 of the POCSO Act in Trial No. 24 of 2015, arising out of
Sahebganj P.S. Case No. 45 of 2015 by judgment and order dated 03.07.2017 and 07.07.2017 passed by the learned 1st Additional Sessions Judge cum Special Judge, POCSO Act, Muzaffarpur and sentenced to undergo imprisonment for life and fine of Rs.10,000/- under Section 302 of the Indian Penal Code and in default of payment of fine to further undergo imprisonment for one year and imprisonment for ten years and fine of Rs. 5000/- under Section 376 of the Indian Penal Code and in default of payment of fine to further undergo imprisonment for six months.
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The allegation against the appellant is of raping and killing the daughter of the informant.
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Learned counsel for the appellant-applicant submits that he is the husband of the niece of the informant and the informant's daughter was staying at his place while she had come to appear in her examination and thus, he could not have been party to such act. It was submitted that the informant was made aware of the fact that her daughter had died due to electric current and when they had come, the body was formally buried and no such complaint was made. It was submitted that the informant had never raised even suspicion with regard to any foul play in the death of her daughter and only after going back
after six days she had lodged a complaint with the local police which was forwarded to the concerned police station resulting in institution of an F.I.R. Learned counsel submitted that since postmortem has been performed after almost nine days of the occurrence, by that time no mark could have remained on the body. Learned counsel submitted that the appellant is in custody now for about 7 years and four months.
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Learned APP, who has filed written objection, submitted that the appellant has abused his trust reposed by the informant, who had kept her daughter in his house while she was appearing in the examination. It was further submitted that the appellant never informed the relatives of the deceased girl with regard to her death and it was a co-villager who had informed and most importantly the death having occurred in the house of the appellant, it was incumbent upon him to inform the police which has not been done. Learned A.P.P. submitted that ultimately the post mortem which was conducted upon excavation of the body from the grave has shown ligature mark on the neck, bruises on the body and also signs of sexual abuse which could not have resulted if it was a case of death due to electric shock.
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Having considered the submissions of learned
counsel for the parties and keeping in mind the nature of the crime and the evidence which has come during investigation, especially the postmortem report, the Court is not inclined to allow the prayer for suspension of sentence and grant of bail to the appellant-applicant during the pendency of the appeal.
- Accordingly, Interlocutory Application No. 03 of 2021 stands dismissed.
(Ahsanuddin Amanullah, J)
( Purnendu Singh, J)
mantreshwar/-
