Kailash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22588 of 2020 Arising Out of PS. Case No.-154 Year-2019 Thana- TRIVENIGANJ District- Supaul ====================================================== KAILASH YADAV S/o Late Shanichar Yadav Resident of Village- Mirjawa Ward No.11, P.S.- Triveniganj, Distt- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Bisheshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 10-11-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Tribeniganj P.S. Case No. 154 of 2019 for the offence under Sections 363, 364, 34 and 302 of the Indian Penal Code. Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner happens to be husband of the deceased and he has been living separately from the deceased and he has no concern with the alleged occurrence. The petitioner has falsely been implicated in this case. The petitioner is rotting in judicial custody since 01.08.2019.

Patna High Court CR. MISC. No.22588 of 2020(4) dt.10-11-2020 2/2 Learned A.P.P. appearing for the State has opposed the prayer for bail and submitted that the petitioner is husband of the deceased and the allegation levelled in the F.I.R against him is totally supported by the Post Mortem report. Moreover the witnesses have supported the prosecution version.

Considering the facts and circumstances of the case, this Court is not inclined to enlarge the petitioner on regular bail. Accordingly, the prayer for bail of this petitioner is rejected.

(Arvind Srivastava, J) brajesh/- U T