Md. Jainul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14872 of 2017 Arising Out of PS.Case No. -230 Year- 2016 Thana -MITHANPURA District- MUZAFFARPUR ====================================================== Md. Jainul, S/o Md. Latif, Resident of Village- Repura, Rampur, P.S. Saraiya, District- Muzaffarpur.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dharmendra Kumar Paswan, Adv. For the Opposite Party/s : Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-06-2017 Heard both sides.

The petitioner seeks bail in Mithanpura P.S. Case No. 230/2016, registered for the offences punishable under Section 302 and other sections of the Indian Penal Code. The informant after hearing alarm rushed to the house of the brother and saw that Md. Abdul Kadir was holding head of his brother and Md. Jainul (petitioner) was slitting the neck of his brother (deceased). Two to three more persons were also there, who were holding hands and legs of the deceased. Learned counsel for the petitioner submits that there is two incised wound. One above the chest and another on the middle of the neck of the deceased. The post-mortem report does not support the ocular version of the prosecution, but it appears

Patna High Court Cr.Misc. No.14872 of 2017 (3) dt.19-06-2017 2/2 that there is specific allegation against the petitioner that it was he, who slit the neck of the deceased causing his death on the spot. Considering the facts aforesaid, I am not inclined to enlarge the petitioner above-named on bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Vinita/- U T