Patna High CourtCR. MISC./21701/2024dismissed

Kapil Yadav v. The State Of Bihar

2024-09-05Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21701 of 2024 Arising Out of PS. Case No.-296 Year-2023 Thana- IMAMGANJ District- Gaya ====================================================== KAPIL YADAV SON OF PANCHU YADAV @ PACHU YADAV R/OBALTHARWA, P.S.-BANKE BAZAR, DISTT.-GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Javed Jafar Khan, Adv.

For the Opposite Party/s :

Mr. J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-09-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Imamganj P.S. Case No. 296 of 2023 for the offences punishable under Sections 302 and 120(B) of the Indian Penal Code.

3. The allegation against the petitioner is that he along with accused persons killed the daughter and maternal granddaughter of the informant. The petitioner is the husband of the deceased. After marriage, the petitioner along with other accused persons used to torture and assault her. It is further alleged that there was mark of circumference over the neck of the deceased.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.21701 of 2024(5) dt.05-09-2024 2/2 that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that the petitioner was not present at the time of occurrence. He has also submitted that the petitioner is a person of clean antecedent and is under custody since 12.11.2023.

5. On the other hand, the learned APP for the State has opposed the prayer for bail and submitted that the petitioner is the main accused of this case. From perusal of the case diary, it appears that all the witnesses have fully supported the prosecution case.

6. From perusal of injury report, it shows that all the injuries were found ante-mortem.

7. Considering the above-mentioned facts and circumstances as well as the gravity of the allegation, I do not think it to be a fit case for bail, which is hereby rejected. (Nawneet Kumar Pandey, J) Nirmal/- U T