Patna High CourtCR. MISC./17333/2019rejected

Jogindra Yadav @ Yogendra Yadav v. The State Of Bihar

2019-07-22Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17333 of 2019 Arising Out of PS. Case No.-470 Year-2018 Thana- LAXMIPUR District- Jamui ====================================================== JOGINDRA YADAV @ YOGENDRA YADAV Son of Late Sakindra Yadav Resident of Village - Banadih, P.S.- Gidhour, Distt.- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 22-07-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is accused in connection with Laxmipur (Gidhour) P.S. Case No. 470 of 2018 registered under sections 302, 201/34 of the I.P.C. pending in the Court of Judicial Magistrate, 1st Class, Jamui.

Submission of learned counsel for the petitioner is that petitioner is innocent and has falsely been implicated in the present case. Petitioner has no criminal antecedent. He is in custody since 06.12.2018. Further submission is that the death of the deceased is accidental one.

Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioner by contending that petitioner is named accused in the first information report and

Patna High Court CR. MISC. No.17333 of 2019(3) dt.22-07-2019 2/2 there is allegation of killing the deceased against the petitioner. During the course of investigation, in several paragraphs of the case diary, the witnesses have also supported the prosecution version. Moreover, even if it was an accidental death, the absence of the petitioner, who is husband of the deceased, is not explained.

Having considered the above facts and circumstances of the case and nature of allegation, I am not inclined to allow the prayer of the petitioner for bail. Accordingly, this application is rejected.

(Arvind Srivastava, J) shailendra/- U T