Dinesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24572 of 2024 Arising Out of PS. Case No.-147 Year-2023 Thana- KARJAIN District- Supaul ====================================================== Dinesh Yadav Son Of Late Lakhan Yadav Resident Of Village- Baisi, Ward No. 14, Ps- Karjain, Dist- Supaul ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/S ====================================================== Appearance :
For the Petitioner/s :
Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s :
Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 379, 302 and 34 of IPC .
3. As per the FIR, on October 4, 2023, the marriage of sister of the informant namely Babita Devi was solemnized with Anil Yadav 8 years ago, and she was blessed with three children. It is further alleged that his brother-in-law (Bahanoi) had gone to Punjab about one month ago, and his sister and her children are residing in the village. It is also alleged that on October 3, 2023, at about 9:00 p.m., the sister of the informant
Patna High Court CR. MISC. No.24572 of 2024(3) dt.15-05-2024 2/3 was assaulted by Dinesh Yadav (Petitioner ) and co-accused Sushila Devi by a stick, and she was strangulated, and after causing her death, she was hanged. The informant further alleged that the accused persons ran away from the house after taking away all her articles. When the informant got the information, he came there and found that the dead body of his sister was lying, and his niece Khusbu Kumari, aged about 8 years, had stated the entire incident.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case . Petitioner is father-in-law of the deceased and has got no concern with the alleged occurrence . He is separate in mess and property. Allegation is general and omnibus. Informant is not eye witness of the alleged occurrence.
5. Learned counsel for the State vehemently opposed opposes the prayer for bail and submits that it is a specific case of the prosecution that this petitioner along with other coaccused persons killed the sister of the informant. He further submits the granddaughter of this petitioner namely, Khusbu Kumari aged about eight years has narrated the entire incident to the informant. The witnesses have also supported the prosecution case .
Patna High Court CR. MISC. No.24572 of 2024(3) dt.15-05-2024 3/3
6. Considering the nature of accusation and gravity of of offence , prayer for pre-arrest bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Koushik/AnkitU T