Jitendra Sah @ Jitendra Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12001 of 2016 Arising Out of PS.Case No. -55 Year- 2015 Thana -ROSERA District- SAMASTIPUR ====================================================== Jitendra Sah @ Jitendra Kumar Sah, Son of Kapil Sah, Resident of VillageSinghiaghat, P.S.- Bibhutipur, District- Samastipur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Indra Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-05-2016 Heard the learned counsel for the petitioner and the learned A.P.P representing the State.

The petitioner seeks bail in connection with Rosera P.S. Case No. 55 of 2015 registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code. Shakuntala Devi, the sister of the informant was married to the petitioner 15 years ago and out of the wedlock, there are two daughters and one son, allegedly, the petitioner and the mother-in-law used to assault her and on 10.03.2015 information was given to the informant that his sister went away, but on enquiry it revealed that the petitioner and other in-laws after killing her thrown the dead body in the river, Budhi Gandak and thereafter on search, the dead body of Shakuntala Devi was recovered on 14.03.2015 and then First Information Report was lodged.

Patna High Court Cr.Misc. No.12001 of 2016 (3) dt.03-05-2016 2/2 Submission is of false implication and that the petitioner at the relevant time was not present at the place of occurrence rather he was working as labour at Delhi. The wife of the petitioner had gone away somewhere on 10.03.2015. There is no specific allegation against the petitioner and as such the petitioner suffering in custody since 23.11.2015 deserves sympathetic consideration, to which the learned A.P.P. seriously opposes the prayer of bail by submitting that the petitioner is the husband and the dead body was thrown in the river, Budhi Gandak, during post mortem examination, ligature mark was found over the interior part of the neck and cause of death was asphyxia caused by strangulation.

In the facts and circumstances stated above, considering the allegation attributed against the petitioner, serious in nature, I am not inclined to enlarge the petitioner on bail and accordingly his prayer stands rejected in connection with Rosera P.S. Case No. 55 of 2015 pending in the Court of learned A.C.J.M, Rosera.

(Jitendra Mohan Sharma, J) Mishra/- U T