Jitendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70220 of 2019 Arising Out of PS. Case No.-112 Year-2018 Thana- DORIGANJ District- Saran ====================================================== JITENDRA SAH S/o Ramlakhan Sah @ Lakhan Sah R/o village-Dumaria Tikuliya (Tola), P.S.- Doriganj, District- Saran (Chapra) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Sessions Trial No.83 of 2019, arising out of Doriganj P.S. Case No.112 of 2018, registered under Sections 341, 323, 504, 506 and 302/34 of the Indian Penal Code.

The accusation is that the petitioner Jitendra Sah went to the boring of Jaglal Sah, the grandfather-in-law of the informant Babli Devi, and, thereafter, irrigated his field. On demand of money by the grandfather-in-law of the informant from the petitioner in respect of the irrigation of his field, the petitioner started to abuse the grandfather-in-law of the informant. On hearing 'Hullah', the informant and Lakhan Sah,

Patna High Court CR. MISC. No.70220 of 2019(4) dt.18-02-2020 2/3 Guddi Devi and Ravi Sah, the family members of the petitioner, also reached there and, thereafter, this petitioner after causing assault to the grandfather-in-law of the informant through lathi and danda, dashed him on the ground, whereas the family members of the petitioner started to cause assault to him through fists and slaps, due to which the grandfather-in-law of the informant sustained injury and became unconscious. While the grandfather-in-law of the informant was rushed to the hospital but he died in course of treatment.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has falsely been implicated in this case. Further submission is that, in course of trial, Gita Devi, Shatrudhan Sah, Babli Devi (the informant) and Guddu Kumar Sah, have been examined as P.W.1, P.W.2, P.W.3 and P.W.4 respectively vide Sessions Trial No.83 of 2019 but they have not supported the prosecution case. The petitioner is in custody since 22.06.2018.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-III, Saran at

Patna High Court CR. MISC. No.70220 of 2019(4) dt.18-02-2020 3/3 Chapra, in connection with Sessions Trial No.83 of 2019, arising out of Doriganj P.S. Case No.112 of 2018. (Rajendra Kumar Mishra, J) P.S./- U T