Ram Bali Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53715 of 2016 Arising Out of PS.Case No. -174 Year- 2016 Thana -SHEKHPURA District- SEKHPURA ====================================================== Ram Bali Yadav, Son of Shahdeo Yadav, resident of Village- Kusumbha Tola- Baghaiy, P.S. Sheikhpura (Kusumbha), District- Sheikhpura. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Prasad, Advocate For the Opposite Party/s : Mr. Shyam Bihari Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-01-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 302 of the Indian Penal Code. The prosecution case is that the informant's mother and daughter namely, Kajal Kumari slept in southern part of the old house. The informant came to the old house early in the morning on 19.6.2016 and found his mother dead. The matter was enquired from his daughter, who pointed out that the petitioner had entered in the house at night and had dragged the grand-mother (since deceased) from the cot and pressed her mouth with intention to kill her. He again brought her back on the
Patna High Court Cr.Misc. No.53715 of 2016 (3) dt.28-01-2017 2/3 cot and left her. He told the daughter of the informant to give air to her by using fan and ran away.
The counsel for the petitioner has submitted that only eye witness of this case is seven year's old daughter of the informant. No reliance can be placed on her statement. The learned A.P.P. has submitted that the statement of daughter of the informant gets support from the postmortem examination report.
The police has mentioned the postmortem examination report recorded in paragraph-4 of the case diary wherein the doctor has found the death was caused due to asphyxia by throttling. The police after investigation submitted charge sheet against the petitioner for the offence under Section 302 of the Indian Penal Code.
In this manner, the statement of the victim Kajal Kumari made in paragraph-7 of the case diary corroborates the postmortem examination report.
In such circumstances, this Court is not inclined to grant anticipatory bail to the petitioner.
The prayer for anticipatory bail of the petitioner stands rejected.
The petitioner may renew his prayer for bail after nine
Patna High Court Cr.Misc. No.53715 of 2016 (3) dt.28-01-2017 3/3 months, if no substantive progress is made in the trial. The court below is directed to expedite the trial. (Sanjay Priya, J) S.Ali/- U T