Patna High CourtCR. MISC./38304/2015disposed

Shibu Yadav v. The State Of Bihar

2015-09-24Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38304 of 2015 Arising Out of PS.Case No. -95 Year- 2005 Thana -KAKO District- JEHANABAD ======================================================

1. Shibu Yadav Son of late Baudha yadav resident of Village- Lakshmi Bigha,Police Station Kako in the District of Jehanabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar For the Opposite Party/s : Mr. Renu Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-09-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under sections 302/34 of the Indian Penal Code.

The prosecution case is of killing the son of the informant by strangulating and disposing of the dead body. It is submitted by the learned counsel for the petitioner that though the case was registered in 2005 but final form was submitted in 2006 when the accusation was not found true and the petitioner was not sent up for trial but differing with the final form cognizance has been taken in 2011. It is further submitted that no process has been executed against the petitioners

Patna High Court Cr.Misc. No.38304 of 2015 (2) dt.24-09-2015 2/2 and the petitioner claims to be 85 years old. It is also submitted that the informant has retracted from the initial version and has filed a petition to that effect before the learned court below. The aforesaid facts constitute ground for consideration of the prayer for regular bail of the petitioner by the learned court below in case the petitioner surrenders within six weeks from today in connection with Kako P.S. Case No. 95 of 2005 pending in the court of learned JM Ist Class, Jehanabad. This application is disposed of with the aforesaid observation/direction.

(Dinesh Kumar Singh, J) Anil/- U T