Jajju Baitha @ Ramesh Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8491 of 2019 Arising Out of PS. Case No.-230 Year-2018 Thana- PIPRA District- East Champaran ====================================================== JAJJU BAITHA @ RAMESH BAITHA, aged about 22 years (Male), Son of Prabhu Baitha Resident of Village - Sitakund, P.O. and P.S.- Pipra, DistrictEast Champaran. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Pravin Kumar, Advocate.

For the Opposite Party :

Mr.Tapeshwar Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-04-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 31.08.2018 in a case for the offence registered under Sections 302 and 201/34 of the IPC.

The prosecution story, in brief, is that 26.08.2018 at 9.00 A.M., some quarrel had taken place with Sonu Kumar and Jajju Baitha alias Ramesh Baitha (petitioner). When her daughter Rajkali Kumari was returning from field at 5.00 P.M. after Sohani both the aforesaid persons by force pick-up her daughter and pushed her in the field and making Fanda with her Odhani in her neck killed her and hanged her in the tree. It has been submitted by learned counsel for the

Patna High Court CR. MISC. No.8491 of 2019(3) dt.26-04-2019 2/2 petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no eye witness to the alleged occurrence. Merely on the basis of suspicion, the petitioner has been made accused in the present case. Except for this, there is no substantive evidence to suggest the implication of the petitioner in the present case. There is no motive alleged against the petitioner.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Motihari, East Champaran, in connection with Pipra P.S. Case No. 230 of 2018.

(Sudhir Singh, J) U.K./- U T