Jitendra Rai @ Lilku Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35859 of 2016 Arising Out of PS.Case No. -556 Year- 2015 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ======================================================

1. Jitendra Rai @ Lilku Rai Son of Late Nandlal Rai.

2. Bina Devi wife of Jitendra Rai alias Lilku Rai Both are resident of Village- Sakari (O.P. Turki) P.S. Kudhani district- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar, Adv. For the Opposite Party/s : Mr. Asharaf Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-11-2016 Heard both sides.

The petitioners apprehend their arrest in Muzaffarpur Sadar P.S. Case No. 556/2015, registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.

The Chowkidar registered a case against unknown after recovery of a dead-body on 21.10.2015.

It is submitted that during the course of investigation one Ajay Shankar brother of the deceased filed a petition in O.P. Kudhni (Turki) P.S. on 21.10.2015 itself that his brother was missing who had gone along with Munna son of the petitioners. It is further submitted that there is no eye-witness of the occurrence.

Patna High Court Cr.Misc. No.35859 of 2016 (4) dt.08-11-2016 2/2 The petitioners who are father and mother of Munna have no manner of concern with the deceased.

On the other hand, learned counsel for the informant as well as learned A.P.P. vehemently opposed the prayer for anticipatory bail of the petitioners and submitted that it was Munna who took the deceased with him on the pretext that his parents (petitioners) called him. Thereafter the deceased became traceless. During the course of investigation it has come that daughter of the petitioners was in love with the deceased and that is why the petitioners with his son Munna killed the brother of the informant. This fact is also supported by many witnesses. Considering the facts aforesaid and nature of allegation made against the petitioners, I am not inclined to enlarge the petitioners above-named on anticipatory bail. Accordingly, the same is rejected.

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