IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APPEAL (DB) No.678 of 2009
DHANNU CHOUDHARY
Versus
THE STATE OF BIHAR
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/6/ 3 March 2011 I.A. No 82 of 2011
Heard learned counsel for the appellant and
learned counsel for State in respect of I.A. No 82 of 2011
through which the appellant has renewed his prayer for bail
mainly on the ground that another co-accused, Bablu Rai,
has been granted bail on 16.12.2010 in Cr. Appeal (D.B.)
No. 667 of 2009.
Appellant’s prayer for bail along with other co-
accused, Bablu Rai, was earlier rejected on 14.09.2009
after noticing the features of the case involving rape and
murder of a young girl. No doubt, Bablu Rai has been
subsequently granted bail and also another co-accused,
Shatrughan Dubey, on the submission that there was no
evidence against them except their confessional statement
which did not lead to recovery of anything and the
confessional statement of this appellant.
The submission on behalf of the appellant is
that his case stands on the same footing as that of the co-
accused, who have been granted bail.
However, we find a material difference
inasmuch as in the order, dated 14.09.2009, it was noticed
that the witnesses found scratch marks on the face of this
appellant and he explained to the witnesses while admitting
his involvement in the crime that the scratch marks were
inflicted by the victim girl. The appellant was sent for
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medical examination soon after his arrest and the injury
report also shows injury in the nature of nail marks on his
face. That injury report was earlier not available on record,
but, has now been brought on record pursuant to directions
in the order, dated 14.09.2009.
In the aforesaid facts and circumstances we are
not inclined to grant bail to the appellant on merits. The
prayer for bail is rejected at this stage.
Considering the submission that appellant is in
custody since 15.10.2003, let the hearing of the appeal be
expedited. In case the appeal can not be heard within one
year in that event, if so advised, the appellant may renew
his prayer for bail.
(Shiva Kirti Singh, J.)
( Gopal Prasad, J.)
S.A.