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Patna High CourtCR. MISC./62682/2021bail granted

Jitendra Singh @ Jitendra Kumar @ Guddu v. The State Of Bihar

2022-05-17Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62682 of 2021 Arising Out of PS. Case No.-440 Year-2021 Thana- JAHANABAD District- Jehanabad ====================================================== JITENDRA SINGH @ JITENDRA KUMAR @ GUDDU Son of Sri Ramadhar Singh Resident of Mohalla- Unta Madarpur, Sawarojpuri Colony Jehanabad, P.S. And District- Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

M/s Ramakant Sharma, Sr. Advocate Birendra Kumar, Advoate For the Opposite Party/s :

Mr. Md. Aslam Ansari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-05-2022 I.A. no. 1 of 2022 Having heard learned counsel for the parties and taking into consideration the contents of the petition, the name of the petitioner is corrected and the same in place of "Jitendra Singh @ Guddu" shall be read as "Jitendra Singh @ Jitendra Kumar @ Guddu".

I.A. no. 1 of 2022 stands allowed.

Cr. Misc. no. 62682 of 2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 and 34 of the Indian Penal Code.

As per the prosecution case, the sister of the informant

Patna High Court CR. MISC. No.62682 of 2021(4) dt.17-05-2022 2/3 was married to the petitioner herein. It is submitted that the accused persons including the petitioner herein tortured the informant's sister for the reason that she was not able to bear a child. He expressed apprehension that she may be killed. She was asked to get Rs. 5 lacs from her parents place and on not getting the same she was ultimately killed. The informant received information on his telephone.

It is submitted by learned senior counsel for the petitioner that the marriage had taken place in the year 2006. The allegations are absolutely false and concocted. The cause of false implication of the petitioner is his being the husband of the deceased. The sister of the informant was suffering from mental depression which led to her committing suicide. Although the FIR was registered against under section 302 and other sections of the Indian Penal Code, chargesheet was submitted and cognizance taken under section 306 of the Indian Penal Code. The petitioner is in custody since 15.7.2021 Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the material that has transpired in course of investigation, the submissions made on behalf of the petitioner together with cognizance having been taken under

Patna High Court CR. MISC. No.62682 of 2021(4) dt.17-05-2022 3/3 section 306 of the Indian Penal Code and the petitioner having remained in custody for about 10 months, the petitioner is directed to be enlarged on bail in connection with Jehanabad Town P.S. Case no. 440 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad.

(Partha Sarthy, J) Spd/- U T