Shivnandan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9315 of 2023 Arising Out of PS. Case No.-479 Year-2022 Thana- DAUDNAGAR District- Aurangabad ====================================================== SHIVNANDAN YADAV Son of Jageshwar Singh R/v- Bhakharua More, Daudnagar, P.S.- Daudnagar, District- Aurangabad (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar , Advocate For the Opposite Party/s :
Mr. Syed Ehteshamuddin, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-07-2023 Heard learned counsel for the petitioner and the State.
Petitioner apprehends arrest in a case registered for the offence punishable under section 302/ 34 of I.P.C. As per the prosecution case, informant's daughter marriage was solemnized with Santosh Yadav ten years ago and they were blessed with a girl and a boy. On 23.08.2022 he received an information that his duaghter Puja Kumari died. On enquiry the information came to know that devar Baijnath Yadav, gotani Renu devi and father-in-law Shivnandan Yadav (petitioner) of the daughter of the informant had brutally assaulted her and killed her by administering poison. It is submitted that petitioner is a 75 year old man and he is suffering from old age related ailment. Informant is not
Patna High Court CR. MISC. No.9315 of 2023(4) dt.04-07-2023 2/2 eye-witness of the occurrence. Petitioner has been made accused in this case only on suspicion. He is separate in mess and property and has got no concern with alleged occurrence. Learned counsel for the State opposes the prayer for bail and submits that this petitioner along with other co-accused killed the daughter of the informant. He further submits that Postmortem report also supports the prosecution case. Considering the nature and gravity of allegation as well as post-mortem report, prayer for pre-arrest bail of the petitioner is rejected.
(Prabhat Kumar Singh, J) Kaushik/- U T