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Patna High CourtCR. MISC./20698/2016dismissed

Ugan Yadav v. The State Of Bihar

2016-08-01Mr. Justice Sudhir Singh2 pages

Patna High Court Cr.Misc. No.20698 of 2016 (4) dt.01-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20698 of 2016 Arising Out of PS.Case No. -64 Year- 2015 Thana -UDAKISHANGANJ District- MADHEPURA ======================================================

1. Ugan Yadav Son fo Chhathu Yadav@Chhotelal Yadav Resident of Vilalge -lakshmipur PS Uda-Kishunganj, District Madhepura. ... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pawan Kumar, Adv. For the Opposite Party/s : Mr. R.B.Ray Raman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 04.08.2015 in connection with Uda-Kishunganj P.S. Case No. 64 of 2015 for the offences instituted under Sections 302 and 201/34 of the Indian Penal Code.

The prosecution story, in brief, is that the daughter of the informant namely, Renu Devi was married with Ugan Yadav (Petitioner) about 14 years ago and thereafter, her daughter gave birth of two daughters and her son-in-law (Ugan Yadav) maintained good relation with her daughter for 9 years but thereafter her son-in-law established illicit relationship with one Aruna Devi and started assaulting to her daughter Renu Devi. It has further been stated that on 01.05.2015 the informant received information from Reena Devi that her daughter Renu Devi has been killed by her husband namely, Ugan Yadav (Petitioner), her

Patna High Court Cr.Misc. No.20698 of 2016 (4) dt.01-08-2016 Dewar Satish Yadav, Nitan Yadav and her mother-in-law by throttling and thereafter, Aruna Devi and Jogo Yadav in collusion with each other after killing of the deceased threw her dead body in the Sugar Cane field and thereafter, the informant along with the villagers went there and identified the dead body of her daughter Renu Devi. Hence the present F.I.R has been lodged. It has been submitted on behalf of the petitioner that the petitioner is in custody since 04.08.2015. Charge-sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tempering of evidence against the petitioner. Petitioner has falsely been implicated in the present case.

On behalf of the State it has been submitted that the petitioner is named in the F.I.R and he is the husband of the deceased.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in connection with Uda-Kishunganj P.S. Case No. 64 of 2015 pending in the court of learned Sub-Divisional Judicial Magistrate, Uda-Kishunganj, Dist. Madhepura (Sudhir Singh, J) Prakash/- U T