Jitendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15558 of 2016 Arising Out of PS.Case No. -128 Year- 2015 Thana -MATIHANI District- BEGUSARAI ====================================================== Jitendra Yadav Son of Bijo Yadav Resident of Village - Damurkihar, Police Station Matihani, District - Begusarai. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Binod Kumar, Advocate For the Opposite Party : Mr. Indra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending his arrest in connection with Matihani P.S. Case No.128 of 2015 for the offences instituted under Sections 302, 201/34 of the Indian Penal Code and 27 of the Arms Act.
The prosecution case, in brief, is that the informant Bipin Singh, ASI of police has alleged in his written petition that on 27.8.2015 at 11:00 hours, he along with police force proceeded for patrolling duty and he reached Rampur Chauk and came to know that one girl has been shot dead by his father at Godargama Damur side. Thereafter, he along with the police force proceeded to the place and he saw one tractor coming and on seeing the police, the driver of the tractor fled away leaving the tractor and
Patna High Court Cr.Misc. No.15558 of 2016 (2) dt.03-05-2016 2/2 some persons also fled away from the tractor. He found one dead body of a girl is kept in the trailor of the tractor, who had sign of fire arm on her neck.
It is submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Petitioner is not named in the F.I.R. Deceased is said to have committed suicide. The said fact has been supported by the other independent witnesses in course of investigation, which is evident from the order passed in Cr. Misc. No.57909 of 2015 where the co-accused has been granted bail.
On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.
Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai, in connection with Matihani P.S. Case No.128 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) N.H./- U T