Jitendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48875 of 2023 Arising Out of PS. Case No.-141 Year-2022 Thana- BALTHAR District- West Champaran ====================================================== JITENDRA YADAV S/O SRI LANGTU YADAV R/O VILLAGE- GHOGHA PARSAUNI, PS. BALTHAR, DIST. WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 14-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Balthar P.S. Case No. 141 of 2022 dated 21.11.2022 registered for the offence under Sections 341, 323, 302, 307, 504/34 of the Indian Penal Code.

The petitioner is alleged to have inflicted iron rod blow over the head of the wife of the informant due to which she sustained severe head injury and succumbed to the injuries during course of treatement.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He

Patna High Court CR. MISC. No.48875 of 2023(3) dt.14-09-2023 2/3 further submits that on bare perusal of the F.I.R., it appears that the petitioner allegedly inflicted iron rod blow upon the head of the wife of the informant causing her death during course of treatment. He further submits that the petitioner has not assaulted the deceased rather he was having scuffle with the son of the deceased for the money transaction and when the deceased came to pacify the dispute, she somehow sustained injuries on her head. He further submits that there was no intention of the petitioner to kill the deceased. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 24.11.2022. Learned A.P.P.

for the State on the basis of material available on record and the case diary vehemently opposed the prayer for bail of the petitioner and submits that there is direct and specific allegation of infliction iron rod blow over the head of the wife of the informant causing her death during treatment. He further submits that postmortem report of the deceased also supported the alleged leveled against the petitioner.

Patna High Court CR. MISC. No.48875 of 2023(3) dt.14-09-2023 3/3 allegation of any overt act is attributed to the petitioner rather general and omnibus allegation is leveled against him. 8, 9, 10 and 11 of the case diary.

Considering the facts and circumstances of the case and the rival submission of the parties and the direct allegation of assault upon the head of the informant against the petitioner supported by the postmortem report, this Court is not inclined to grant the privilege of bail to the petitioner. Accordingly, the prayer for bail of this petitioner is rejected.

(Rajesh Kumar Verma, J) brajesh/- U T