Jitendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33787 of 2017 Arising Out of PS.Case No. -321 Year- 2016 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Jitendra Mahto, son of Kishori Mahto, R/o Village- Raghunathpur, P.S.- Turkaulia (O.P. Raghunathpur), District- East Champaran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sunil Kumar For the Opposite Party/s : Mr. Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-08-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Turkaulia P.S.Case No. 321 of 2016 registered for the offences punishable under Sections 364, 34, 302, 201 and 120B of the Indian Penal Code.

Petitioner is not named in the FIR and the allegation is of committing kidnapping and murder of minor son of the informant.

It has been submitted on behalf of the petitioner that petitioner has been made accused on the basis of suspicion and he is in custody since 27.7.2016.

Heard learned APP also, who has opposed the prayer for bail stating that in several paragraphs of the case diary it

Patna High Court Cr.Misc. No.33787 of 2017 (3) dt.22-08-2017 2/2 appears that the petitioner was instrumental in kidnapping and murder of the deceased, which is evident from paragraph-105 of the case diary.

Having heard both sides and considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner.

However, as the petitioner is in custody for more than one year, learned trial court is directed to expedite the trial of the petitioner and try to conclude it within a period of nine months. With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U