Patna High CourtCR. MISC./40420/2018dismissed

Jitu Choudhary v. The State Of Bihar

2018-09-24Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40420 of 2018 Arising Out of PS.Case No. -119 Year- 2018 Thana -BODHGAYA District- GAYA ======================================================

1. Jitu Choudhary, Son of Bhola Choudhary, Resident of Village- Bakraur, P.S.- Bodh Gaya, District- Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-09-2018 Heard the parties.

This application is for grant of regular bail in connection with Bodh Gaya P.S.Case no.119 of 2018for the offences under Sections 363 and 365 of the Indian Penal Code and added Section 302, 201, 120(B)/34 .

Allegation against the petitioner is that he kidnapped the husband of the informant and since then he is traceless. It further appears that on confessional statement of the petitioner the dead body was recovered from the Falgu river. Submission of the learned counsel for the petitioner is that FIR itself shows that he brought the deceased and boarded him in a tempo and since then he is traceless. He has been falsely implicated in this case as the wife of the petitioner had illicit

Patna High Court Cr.Misc. No.40420 of 2018 (3) dt.24-09-2018 2/2 relation with the deceased. The petitioner is in custody since 23.3.2018.

Heard learned A.P.P. also, who has opposed the prayer for bail on the ground that on confessional statement of this accused, the dead-body has been recovered and he is named in the FIR also.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner, as such the prayer for bail of the petitioner is rejected.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U