Jaya Roy, J. - (1.) HEARD the learned Counsel for the Petitioner and the learned Counsel for the State.
(2.) THE learned Counsel for the petitioner submits that the petitioner is apprehending his arrest in connection with Jari P.S. Case No. 03/11 corresponding to G.R. No. 152 of 2011 registered for offences under Section 302 of I.P.C. and under Section 27 of Arms Act which is presently pending in the court of the learned Chief Judicial Magistrate, at Gumla awaiting final form. The prosecution case in brief is that the informant Jyoti Kamla Minz has stated in her fardbeyan that her NANAD BHAGINA(as mentioned in the FIR) Suman Baxla aged about 18 years, has been brought up by her from his childhood. On 19.02.2011 at 7.30 P.M he went out of the house. The informant has further stated that at about 8 P.M. she heard the sound of two fires from the eastern side. She came out of the house but did not find anyone therefore she returned and slept. Next day at 6 -7 A.M. she came to know that some one had killed Suman Baxla and his dead body was lying in the field of Gabriel Baxla and in the left side of his body there was a big hole and blood was there and two empty cartridges were found near the dead body.
(3.) THE learned Counsel for the petitioner submits that the petitioner is not named in the F.I.R even there is no suspicion against the petitioner. It is also contended that the petitioner has implicated in this case only on the basis of the statements of Sovdan Bara recorded under Section 161 of the Code of Criminal Procedure after fourteen (14) days of the alleged occurrence and no explanation for delay has been mentioned. Though Sovdan Bara is the maternal uncle of the deceased thus, his silence for fourteen days create serious doubt.;