Lalan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7667 of 2023 Arising Out of PS. Case No.-36 Year-2021 Thana- PIPRIYA District- Lakhisarai ====================================================== Lalan Yadav Son of Rajeshwari Yadav R/v- Murwariya, P.S.- Pipariya, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suresh Singh For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-05-2023 Heard both parties.

The petitioner apprehends his arrest in Pipariya P.S. Case No. 36 of 2021, registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code. As per the prosecution case, the sister of informant was married with this petitioner in the year 2007 and the couple was blessed with three children. It is further alleged that after marriage informant's sister was tortured by the petitioner and his family members. Ultimately on 27.03.2021, the informant got information that his sister was killed by the accused persons and disposed of her dead body.

It is submitted that informant is not eye-witness of the occurrence and petitioner has been made accused in this case simply because he is husband of the deceased. It is further

Patna High Court CR. MISC. No.7667 of 2023(2) dt.11-05-2023 2/2 submitted that before lodging of the instant case, no complaint has been made against the accused persons either in the police station or in the court by the informant's side. Similarly situated co-accused who are father-in-law and mother-in-law of the deceased have been granted bail by different Benches of this court. Petitioner claims clean antecedents.

However, counsel for informant vehemently opposed the prayer for bail and submitted that petitioner is husband of the deceased and there is specific allegation that he along with other co-accused committed murder of the sister of informant and when the informant reached at the sasural of his sister, no member was present in the house and this fact was also disclosed by his nephew (Bhagina) namely, Gulshan Kumar that petitioner along with other co-accused persons pressed the neck of his mother and killed her.

Considering the facts aforesaid and gravity of offence, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T