Jitendra Singh @ Jitendra Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56124 of 2022 Arising Out of PS. Case No.-638 Year-2021 Thana- AKBARPUR District- Nawada ====================================================== JITENDRA SINGH @ JITENDRA KUMAR SINGH S/o Raja Ram Singh R/o village- Barat, P.S.- Sitamarhi, District- Nawadah ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Prawesh Kumar For the Opposite Party/s :
Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-02-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 120(B)/34 of the Indian Penal Code.
As per prosecution case, the informant alleges that accused persons were harbouring grudge that his brother Rahul enticed Sonali and fled away with her on 9.10.2021, but the said girl was recovered on 10.10.2021, from brick kiln of Uday. It is further alleged that the petitioner along with coaccused persons had threatened to kill informant's brother thereafter, 13.10.2021, his brother had gone to attend call of nature but later his body was found hanging in the varandah of his next neighbour.
Patna High Court CR. MISC. No.56124 of 2022(2) dt.16-02-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. There is general and omnibus allegation against the petitioner. There is also no eye witness in respect of commission of murder of informant's brother. During course of inquiry, chargesheet has been submitted against the petitioner under section 306 of the IPC. It is further submitted that doctor opined that cause of death of the deceased is Asphyxia as a result of hanging. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Moreover, similarly situated co-accused persons have already been granted bail by a coordinate Bench of this Court vide order dated 30.11.2022 in Cr. Misc. No. 36881 of 2022. The petitioner is languishing in judicial custody since 16.7.2022.
Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with
Patna High Court CR. MISC. No.56124 of 2022(2) dt.16-02-2023 3/3 Akbarpur P.S. Case No. 638 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawadah.
(Sunil Kumar Panwar, J) amandeep/- U T