Babloo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16979 of 2019 Arising Out of PS. Case No.-185 Year-2018 Thana- MANSI District- Khagaria ====================================================== Babloo Yadav S/o Late Janardan Yadav Resident of Village- Saidpur, P.S.- Mansi, District- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 498A, 302, 201, 363/34 of the Indian Penal Code. The prosecution case, in brief, is that accused persons took away the daughter of the informant in Scorpio and after committing murder, disposed of the dead body of informant's daughter. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 28-11-2018. Charge sheet has already been submitted. The petitioner has been falsely implicated in the present case. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioner in the present case. The daughter of the victim (since deceased) was examined under Section

Patna High Court CR. MISC. No.16979 of 2019(3) dt.29-07-2019 2/2 164 Cr.P.C. She has not made allegations in the FIR rather she has stated that her mother died due to illness.

On behalf of the State and the counsel for the informant, it is submitted that the petitioner is named in the Complaint Case/F.I.R. He is husband of the deceased. The onus is upon the petitioner to explain the cause of death of the deceased. After five days of the incident, the dead body of the deceased was recovered. The postmortem report indicates that she died due to external injury and drowning. The postmortem report corroborates the allegation made in the FIR.

Considering the nature and manner of allegation, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Mansi P.S. Case No. 185 of 2018 is rejected.

The trial court is directed to expedite the trial and conclude the same at the earliest.

(Sudhir Singh, J) A.K.V.//- U T