Ramesh Yadav @ Kallu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4571 of 2025 Arising Out of PS. Case No.-45 Year-2024 Thana- BUXAR District- Buxar ====================================================== Ramesh Yadav @ Kallu Yadav Son of Chandrama Yadav Resident of VillageDaulatpur, Sabhkaranganj, P.S. - Ara (Mufassil), District - Bhojpur. At present resident of Mohalla - Nehru Nagar, Police Station - Buxar (Town), District - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar, Adv.

For the Opposite Party/s :

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-04-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Buxar (T) P.S. Case No. 45 of 2024 instituted for the offences under Sections 302, 201, 120B of the Indian Penal Code.

3. As per prosecution case, the police has found the corpse of unknown girl wrapped in the blanket from the canal in front of Divylok Hospital in Nehru Nagar (Buxar). Accusation has been made against the petitioner of being involved in the murder of the deceased.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged

Patna High Court CR. MISC. No.4571 of 2025(3) dt.29-04-2025 2/3 against him and has falsely been implicated in the present case. The petitioner is the father of the deceased. The petitioner is not named in the F.I.R. and his name has transpired in this case in course of investigation. The petitioner was arrested after seven days of the date of occurrence which creates doubt in the prosecution case. The petitioner was arrested by the police and his confessional statement was recorded under duress which has no evidentiary value in the eye of law. He further submits that from the postmortem report, it appears that the deceased has died due to asphyxia due to hanging leading to cardio respiratory failure and, thus, the deceased has committed suicide. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent and is languishing in judicial custody since 08.08.2024 without any rhymes or reason. Charge-sheet has been submitted in this case under Sections 302/201/120B of the I.P.C.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged is serious in nature. The name of the petitioner has transpired in this case in the statement of one Indu Devi, who is the owner of the house where the petitioner was living on rent. The witness Baijyanti Devi in her statement

Patna High Court CR. MISC. No.4571 of 2025(3) dt.29-04-2025 3/3 in Para-48 of the case diary has identified the deceased. The petitioner has also confessed of wrapping the dead body of the deceased in a blanket and threw it in the canal.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Buxar (T) P.S. Case No. 45 of 2024. (Rudra Prakash Mishra, J) rishi/- U T