Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31041 of 2011 ====================================================== 1. Arjun Yadav S/O Late Jagdish Yadav R/O Vill- Chandchak, P.S- Masaurhi, Distt- Patna. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3. 12-03-2012. Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Sessions Trial No.570 of 2011 arising from Masaurhi P.S.Case No.46 of 2009 for the offence punishable under [STATUTE] . It is the case of the informant that upon non-return of his daughter, when he went to search for her, he found this petitioner slicing her neck with sickle. When the nephews of the informant apprehended the petitioner after chase, he was rescued by his brother Anuj Yadav. Learned counsel for the petitioner submits that it is a case of mistaken identity and that it is the petitioner who Patna High Court Cr.Misc. No.31041 of 2011 (3) dt.12-03-2012 2 informed the informant about the occurrence and who finding the petitioner standing near the dead body, implicated him with the alleged offence. Having heard the parties and having perused the materials on record, it is manifest that not only the petitioner but even the blood stained sickle was found at the place of occurrence and while the informant and his nephews tried to apprehend the petitioner, he was rescued by his brother. Considering the circumstances, no case for indulgence is made out. The application is dismissed. Let the trial be expedited. ahk/- (Jyoti Saran, J)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.