Brahamdeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41559 of 2016 Arising Out of PS.Case No. -47 Year- 2016 Thana -LAXMIPUR District- JAMUI ====================================================== Brahamdeo Yadav Son of Nanaku Yadav, resident of Village Samsarpur, P.S. Laxmipur (Gidhaur), District- Jamui.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Umesh Prasad, Advocate For the Opposite Party: Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 24-10-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 03.07.2016 in connection with Laxmipur (Gidhour) P.S. Case No. 47 of 2016 for the offences alleged under Sections 302, 201 and 34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated as the accusations are general and omnibus in nature. It is further submitted that there is no specific accusation against the petitioner. It is improbable that the petitioner may commit the murder of his own son by tying his neck but he died due to epilepsy as he was mentally ill. The petitioner claims clean antecedents.

4. Having regard to the nature of accusations and gravity of offence alleged and also that the dead body was cremated immediately and thus, there is no post mortem report recorded in the case diary, this Court is not inclined to grant the privilege of bail to the petitioner. The bail petition stands dismissed. B.T/Chandran (Vikash Jain, J) U T