Satendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16898 of 2025 Arising Out of PS. Case No.-111 Year-2024 Thana- GURARU District- Gaya ====================================================== Satendra Yadav Son of Late Baudhu Yadav @ Budhu Yadav R/O VillAliganj, P.S.- Guraru, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Yadav, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-07-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Guraru P.S. Case No. 111 of 2024 instituted for the offence under Sections 103, 238 & 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3.

The informant alleged that her Nanad, Anita Devi, was suspiciously cremated without informing her family. Upon reaching the cremation ground, she found the body being burned and informed the police, who recovered partially unburnt remains for postmortem. She accused the petitioner and others for murder of Anita Devi (deceased).

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 27-10-2024. Petitioner

Patna High Court CR. MISC. No.16898 of 2025(5) dt.08-07-2025 2/3 bears no criminal antecedent/s, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case only on the basis of suspicion. Learned counsel for the petitioner submits that petitioner is cousin father-in-law and he has no any concern with family affairs of informant nor from the deceased. So far as allegation is concerned, there is general and omnibus allegation against the petitioner. No specific allegation is alleged against the petitioner. Informant is not eye witness to the occurrence. From perusal of the FIR, it would manifest that dead body has already been decomposed, hence, it cannot be said that she has been killed by the petitioner. Police after completion of investigation has submitted charge sheet in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Other witnesses have supported the prosecution case. It is fervently submitted that there is strong suspicion against the petitioner due to his conduct, as the informant was not informed about the funeral of her sister-in-law and was unable to attend the funeral rituals.

Patna High Court CR. MISC. No.16898 of 2025(5) dt.08-07-2025 3/3 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, there being no cogent material against the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner 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 Guraru P.S. Case No. 111 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T