Judgment:
IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 5056 of 2013 Jitendra Sao @ Jitendra Kumar Sao Petitioner Versus The State of Jharkhand Opp. Party ----- CORAM: HONBLE MR. JUSTICE R.R. PRASAD ----- For the Petitioner : Mr. A.K. Chaturvedi, Advocate For the State : A.P.P. ----- 4/14.08.2013 Heard learned counsel appearing for the petitioner and learned A.P.P. appearing for the State. The petitioner is an accused in a case instituted under Sections 302/201 of Indian Penal Code. Learned counsel appearing for the petitioner submits that when the dead-body of a woman, suspected to have been murdered, was found, a case was registered against unknown. Subsequently, in course of investigation, it was identified as Sarita Devi, wife of this petitioner, and then this petitioner was booked in this case only on suspicion that he being husband of the deceased has committed her murder though there has been absolutely no material showing the involvement of this petitioner in the alleged offence and that the identification is also not above doubt and that the charge-sheet has been submitted under Section 304B of Indian Penal Code and not under Section 302 of Indian Penal Code and, therefore, the petitioner deserves to be admitted on bail. As against this, learned counsel for the State submits that the facts and circumstances of the case strongly go to show the hands of the petitioner in the alleged offence. In this regard, it was submitted that the deceased was found missing from 4.1.2012 and when the dead- body was found, matter was reported in some newspapers and only thereafter information was lodged by the petitioner relating to missing of his wife and this creates strong suspicion against this petitioner. Regard being had to the facts and circumstances of the case, I am not inclined to release the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected. (R.R. Prasad, J.) AKT