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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31968 of 2015 Arising Out of PS.Case No. -218 Year- 2009 Thana -KHAJEKALA District- PATNA ====================================================== Jitendra Kumar @ Jitendra Kumar Gupta son of Naresh Kumar, Resident of Village-Masaurhi, P.S.-Masaurhi, District-Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kishore Kumar Thakur, Advocate : Mr. Rajesh Kumar, Advocate For the Opposite Party/s : Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 30-10-2015 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Khajekalan (Patnacity) P.S. Case No.218 of 2009 registered under section 364 of the Indian Penal Code.

Case diary in the present case was called for which has been received.

Learned counsel for the petitioner submits that though the allegation has been made against this petitioner of having given a call to the husband of the informant on his mobile phone, the call details of the husband shows that no such call was made from the mobile phone of this petitioner.

Learned counsel appearing on behalf of the State

Patna High Court Cr.Misc. No.31968 of 2015 (3) dt.30-10-2015 2/2 submits that there is no material to indicate that mobile phone of this petitioner was used to communicate with the deceased when he last left his home.

Considering the aforementioned facts and circumstances of the case and there being no cogent material in the case dairy to implicate this petitioner in the present case as well as the fact that he is involved in one case under sections 406 and 420 of the Indian Penal Code, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Patna City in connection with Khajekalan (Patna City) P.S. Case No.218 of 2009 corresponding to G.R. Case No.2347 of 2009 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) Md.S./- U T