Satish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2021 of 2022 Arising Out of PS. Case No.-242 Year-2020 Thana- BISFI District- Madhubani ====================================================== SATISH YADAV Son of Ram Autar Yadav @ Ramvatar Yadav Resident of Village - Navratan Tol, Ward No. 6, Police Station - Bisfi, District - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Jha, APP For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Bisfi P.S. Case No. 242 of 2020 registered for the offence under Sections 302/34 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 10.08.2020.

The allegation against the petitioner is to commit murder of his wife along with other co-accused persons/family members.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.2021 of 2022(4) dt.22-08-2022 2/3 submitted that the informant is not the eye-witness of the occurrence and moreover, at the time of occurrence, the petitioner was in Gujarat, making the allegation highly improbable. It is also submitted that character of the deceased appears doubtful and as such, the murder might be committed by other person. It is also submitted that petitioner is a man of clean antecedent. While concluding the argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail of the petitioner submitted that the FIR speaks specifically that on the date of occurrence the petitioner arrived to his village from Gujarat nearly about 05:00 PM. This fact was not disputed by the petitioner. It is also submitted that the cause of death is unnatural, due to strangulation, where, dead body was found in the house of the petitioner, not explaining the circumstances otherwise, suggesting involvement of petitioner in the murder of his wife.

In view of the submissions, as made above, as dead body of the wife of the petitioner found inside the house of the petitioner, not explaining the circumstances otherwise,

Patna High Court CR. MISC. No.2021 of 2022(4) dt.22-08-2022 3/3 suggesting involvement of petitioner in the murder of his wife. where, cause of death is unnatural, due to strangulation, this Court is not inclined to grant bail to the petitioner, at present. Accordingly, the prayer of bail of the petitioner is rejected herewith.

Trial Court is directed to proceed with the matter, by taking it on board, on daily basis, so as trial may conclude within 09 (nine) months from the date of receipt of a copy of this order.

Superintendent of Police, Madhubani is directed to produced the charge-sheeted witnesses, as and when directed by the Trial Court, for expeditious disposal of trial, within specified time, as directed above.

(Chandra Shekhar Jha, J) S.Katyayan/- U T