Jitendra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78969 of 2023 Arising Out of PS. Case No.-31 Year-2023 Thana- RAHUI District- Nalanda ====================================================== JITENDRA KUMAR SINGH SON OF LATE RAJ KISHORE SINGH @ LATE NAND KISHORE SINGH RESIDENT OF VILLAGE- DEKHPURA, POLICE STATION- RAHUI, DISTRICT- NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabindra Prasad Singh For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-07-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Rahui P.S. Case No. 31 of 2023, registered for the offences punishable under Sections 341, 323, 225, 302 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that in the first part of the FIR there is allegation that wife of the petitioner had fled away and he telephoned her brother (the informant) to bring back his wife otherwise he would kill his father. His further submission is that there is no eye-witness of the occurrence and the investigating authorities submitted chargesheet without any evidence. The FIR was lodged by the elder brother of the petitioner with allegation that the petitioner had killed his father. At that time, the

Patna High Court CR. MISC. No.78969 of 2023(6) dt.01-07-2024 2/2 informant was not present at the house and when he came to the house he lodged the FIR.

4. As per post-mortem report, the following external injuries were found on the person of the deceased:- "On External Examination- Both eyes closed and mouth open. Blood tinged over right ear. Lacerated wound below right eye of size approx 3cmx2cm with blackening around both eye. Blood clots present over pinna. Deformity of jaw with mouth open. Blood clots present in mouth. Lacerated wound present over left ear of size approx 1'' x 1⁄2".

On Dissection- Head Skull- Fracture of B/l parietal bone, right mandible, B/l maxilla and nasal bone. Brain-blood and blood clots present in cranial cavity."

5. The post-mortem report shows that before the death, the deceased was assaulted. There is allegation that the petitioner before the death had threatened to kill his father.

6. In my view, the petitioner does not deserve the privilege for bail. Accordingly, the bail application is rejected. (Nawneet Kumar Pandey, J) SONALI/- U T