Aditya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11869 of 2017 Arising Out of PS.Case No. -438 Year- 2015 Thana -KANKARBAGH District- PATNA ====================================================== Aditya Kumar, S/o Vibhuti Singh, R/o D- 103, P.C. Colony, P.S. Kankarbagh, District- Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar, Adv. For the Opposite Party/s : Mr. Indra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-04-2017 Heard both sides.

The petitioner seeks bail in Kankarbagh P.S. Case No. 438/2015, registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code. The informant alleged that she entered her house after taking milk. She found her son hanging from a fan. The informant called the petitioner (cousin brother of her son) who cut the clothes from the neck of her son, who had earlier died. Learned counsel for the petitioner submits that there is no allegation against the petitioner. The petitioner was present in the house. There is land dispute between the parties. The petitioner has falsely been implicated in this case. The police after investigation submitted charge-sheet under Sections 306 and 34 of

Patna High Court Cr.Misc. No.11869 of 2017 (3) dt.08-04-2017 2/2 the Indian Penal Code. It is further submitted that the prayer for bail of the petitioner was earlier rejected vide order dated 04.10.2016. The petitioner is in jail since 06.07.2015. Considering the facts aforesaid and the fact that prayer for bail of the petitioner was earlier rejected vide order dated 04.10.2016, I am not inclined to enlarge the petitioner above-named on bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J.) Vinita/- U T