Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17018 of 2020 Arising Out of PS. Case No.-161 Year-2019 Thana- PAKARIBARAW District- Nawada ====================================================== JITENDRA KUMAR, Son of Bishundev Mahto, Resident of Village - Dheodha @ Dhevegha, P.S. - Pakribarawan, District - Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shyam Bihari Singh, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-09-2020 The matter has been taken up through virtual Court proceeding.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 323, 304(B), 201 and 120(B) of the Indian Penal Code.

According to FIR, the daughter of the informant was married with the petitioner in the year, 2011. Allegation is of torture to her as a result whereof she was done to death on 21.05.2019.

Learned counsel for the petitioner submits that the victim has died of illness and as soon as the informant came to know the aforesaid fact, he filed a petition before the learned court below stating therein that informant does not want to

Patna High Court CR. MISC. No.17018 of 2020(4) dt.17-09-2020 2/2 contest the case. The police has submitted charge-sheet under Section 302 of the Indian Penal Code without any direct evidence that the petitioner and others were involved in the murder of the victim.

Considering the aforesaid material as well as completion of investigation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Pakribrawan Police Station Case No. 161 of 2019, subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below. (c) The petitioner shall not leave the country without permission of the learned trial court. (Birendra Kumar, J) Kundan/- U T