Jitendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.80175 of 2018 Arising Out of PS. Case No.-53 Year-2018 Thana- PARASBIGHA District- Jehanabad ====================================================== Jitendra Kumar son of Halakhori Yadav Resident of Village - Lakhapur P.S.- Parasbigha, District- Jehanabad ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satrudhan Kumar For the Opposite Party/s :
Mr.Sri Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 31-01-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Parasbigha P.S. Case No. 53 of 2018 registered for the offence punishable under Sections 302/201 of the Indian Penal Code.
Informant has alleged that his deceased brother was in his home on 5.4.2018, then a call in the evening came on his mobile and he went outside. As he could not come in the night, the informant and other family members became anxious but despite much search, he could not be traced. On 7.4.2018, he heard that a dead-body lying in the outskirt of village. He went there and identified the dead-body of his brother. He has suspected that the person who has called him on his mobile has killed his brother.
It has been submitted on behalf of the petitioner that
Patna High Court Cr.Misc. No.80175 of 2018(4) dt.31-01-2019 2/2 he is innocent and has falsely been implicated in this case. It has come in the case diary that there are several calls between the deceased and the accused person and last call received after which he left the house was of petitioner. During investigation it has come that after recovery of dead body he absconded from the village.
Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail of the petitioner is hereby rejected. However, the court below is directed to expedite the trial and conclude the same within six months from the date of receipt of the order.
(S. Kumar, J) Sanjay/- U T