Patna High CourtCR. MISC./25057/2024dismissed

Chiku Yadav @ Pinku Rai v. The State Of Bihar

2024-07-18Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25057 of 2024 Arising Out of PS. Case No.-566 Year-2023 Thana- SAHPUR District- Patna ====================================================== Chiku Yadav @ Pinku Rai S/o Sahablal Yadav @ Saheblal Ray R/o vill - Raghurampur, P.S. - Shahpur, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Mishra For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-07-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Shahpur P.S. Case No. 566 of 2023, registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

3. As per allegation, the petitioner had illicit relation with wife of the deceased. The wife of the deceased and the petitioner beaten him to death and to depict it to be a case of suicide, they had hanged the dead body. It has further been mentioned in the FIR that prior to the occurrence, the petitioner used to threaten the deceased to kill.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.25057 of 2024(3) dt.18-07-2024 2/2 that the petitioner is innocent and has falsely been implicated. As a matter of fact, he committed suicide and charge-sheet has been submitted under Section 306 of the IPC.

5. On the other hand, learned APP has opposed the prayer for bail.

6. It appears from perusal of post mortem report that there was ante mortem injury on the dead body over the scapula region of the deceased which shows that he was assaulted prior to his death. The witnesses including mother of the deceased have also supported the prosecution case in their statements. As per statements of the witnesses, the petitioner had illicit relation with wife of the deceased. The deceased used to protest and due to this reason the petitioner and wife of the deceased murdered the deceased by pressing his throat.

7. Considering the above-mentioned facts and circumstances, I am not inclined to grant bail to the petitioner. Accordingly, it is rejected.

(Nawneet Kumar Pandey, J) SONALI/- U T