Babbar Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.33645 of 2017 (3) dt.04-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33645 of 2017 Arising Out of PS.Case No. -98 Year- 2015 Thana -PARWATTA District- KHAGARIA ======================================================

1. Babbar Yadav, son of Late Shambhu Yadav, resident of Village- Araria, Police Station- Parbatta (Maraiya), District- Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. Sri Mithilesh Kumar Khare For informant : Mr. Harekrishna Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-08-2017 The petitioner seeks regular bail in connection with Parbatta (Maraiya) P.S. Case No. 98 of 2015, registered for offences punishable under Sections 302/34 of Indian Penal Code. Allegation against the petitioner as per F.I.R is that he caught hold of the deceased allowing other co-accused of this case to stab the deceased.

It has been submitted on behalf of the petitioner that only allegation against the petitioner that he caught hold of the deceased and further there is no allegation of assault or stabbing the deceased. It has also been submitted that Dy. S.P. in his supervision note as well as the Investigation Officer has also doubted the role of the petitioner in the alleged offence and further one witness in para -5 has stated that he has gone at the place of

Patna High Court Cr.Misc. No.33645 of 2017 (3) dt.04-08-2017 occurrence but the name of the petitioner was not disclosed there. Learned counsel for the State as well as learned counsel for the informant opposed the prayer for bail and submitted that if the petitioner had not caught hold of the deceased, she might have saved herself.

Having heard both sides, considering the fact and circumstances of the case and the nature of allegation, I am not inclined to release the petitioner on bail, his application for regular bail is, accordingly, rejected.

However, the petitioner may renew his prayer for bail after framing of charge in this case.

(Vinod Kumar Sinha, J) sunil/- U T