Binod Yadav @ Vinod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3925 of 2019 Arising Out of PS. Case No.-310 Year-2018 Thana- SHERGHATI District- Gaya ====================================================== Binod Yadav @ Vinod Yadav, Son of Lekha Yadav, Resedent of VillageAchchma, P.S.- Dobhi, District- Gaya. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Shivendra Prasad, Advocate.

For the Opposite Party :

Mr.Chandra Sen Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-01-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 302/34 of the IPC. The prosecution story, in brief, is that the informant's daughter Suman Devi was married with this petitioner in the year 2002 and in the year 2006 second marriage had taken place. After some time, her in-laws started torturing because she had not given birth to any child. He tried to pacify the matter and requested them to get her treated but of no result. He himself got his daughter and son-in-law treated but even then they remained intact. Hence, he lodged a case in Sherghati Court whereafter accused persons compromised the matter in written on Stamp Paper. It is further alleged that on 07.06.2018

Patna High Court Cr.Misc. No.3925 of 2019(2) dt.29-01-2019 2/3 at about 3.00 A.M. he got information on phone that the accused persons killed his daughter and threw the dead body in Kuan. Two days earlier, his daughter told him on phone that her inlaws are extending threat to her that thing would kill her. He went there and found the dead body of his daughter lying on Cot in the courtyard of her house.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has been made accused in the present case due to mistake of fact. This case relates to offence under Section 302 of the IPC. There is no eye witness to the alleged occurrence nor there is any substantive evidence to suggest the implication of the petitioner in the present case. On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. He is husband of the deceased.

Considering the same, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected in connection with Sherghaty (Dobhi) P.S. Case No. 310 of 2018, pending in the court of learned A.C.J.M. Sherghaty (Gaya). Anyhow, if the petitioner surrenders and prays for regular bail in

Patna High Court Cr.Misc. No.3925 of 2019(2) dt.29-01-2019 3/3 the learned court below, the same shall be considered on its own merit without being prejudiced by this order of the Court. (Sudhir Singh, J) U.K./- U T