Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3398 of 2015 Arising Out of PS.Case No. -421 Year- 2014 Thana -BIHTA District- PATNA ====================================================== Dharmendra Kumar Son of Sudhir Singh Resident of Village - Chulhai Chak, Police Station - Rupaspur, District - Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Madan Jeet Kumar For the Opposite Party/s : Mr. Anish Chandra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-08-2015 Heard both sides The petitioner seeks bail in a case under Section 302 and other sections of the Indian Penal Code.

The petitioner along with Manoj Kumar, Santosh Kumar, Sonu Kumar, Monu Kumar, Golu Kumar and Vikash Kumar forcibly dragged Mantu Kumar inside a Bolero Jeep. Suraj Kumar and Kanhai Singh made alarm but the accused persons fled way taking hostage of Mantu Singh. The father of the deceased made a search along with Suraj Kumar and Kanhai Singh but, on the next day, the dead body of Mantu Singh was found in a bush near Krishna Public School. Learned counsel for the petitioner submits that except confession of the petitioner, there is no material on record to show the involvement of the petitioner. Similarly situated accused Satendra Kumar has already been

Patna High Court Cr.Misc. No.3398 of 2015 (3) dt.06-08-2015 2/2 granted bail.

From perusal of the record, it appears that seven persons are named in the F.I.R., who are alleged to have kidnapped Mantu Singh on a Bolero Jeep and immediately after a few hours, the dead body of Mantu Singh was found in a bush near Krishan Public School. The petitioner is named in the F.I.R. Satendra Kumar, who has already been granted bail, was not named in the F.I.R. and his name transpired in the confession of the petitioner.

Having considered the facts aforesaid, I am not inclined to enlarge the petitioner on bail in Bihta P.S. Case No. 421 of 2014, corresponding to G.R. No. 2082 of 2014. Accordingly, the same is rejected.

The trial court is directed to expedite the trial and conclude the same within one year from the date of receipt / production of this order.

(Prabhat Kumar Jha, J) Dilip/- U T