Indradev Yadav @ Inderdeo Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 25531 of 2023 Arising Out of PS. Case No.-108 Year-2021 Thana- BELAGANJ District- Gaya ====================================================== Indradev Yadav @ Inderdeo Yadav Son Of Late Mahabir Yadav, Resident of village - Vanshi Bigha, P.S - Belaganj, Distt. - Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Belaganj P.S. Case No. 108 of 2021 dated 29.03.2021, instituted for the offence punishable under Sections 302, 201, 34 of the Indian Penal Code.
3. The prosecution case, in short, is that secret information was received that the petitioner along with his wife, brother and unknown accused persons had strangulated his daughter to death and were trying to dispose off the body by burning the same with kerosene oil. It is further stated that on inquiry from the villagers, it transpired that the daughter of the petitioner, Pooja Kumari was having a love affair with their neighbour Yugesh Yadav and as a result thereof, the present
Patna High Court CR. MISC. No. 25531 of 2023(2) dt.23-05-2023 2/3 accused persons had also killed Yugesh Yadav. As the daughter of the petitioner had knowledge about this occurrence and was threatening that she would disclose it to the villagers, she was killed.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner submits that the petitioner has got no connection with alleged deaths rather death of Yugesh Yadav was caused by train accident and present deceased Pooja Kumari committed suicide. Learned counsel for the petitioner submits that during the entire investigation, there is no eye-witness of the alleged occurrence. Learned counsel for the petitioner submits that the petitioner is the father of the deceased and he cannot have participated in the murder of his own daughter. Learned counsel for the petitioner further submits that similarly situated co-accused, namely, Minta Devi, who is the mother of the deceased, has been granted bail vide order dated 25.03.2022, passed in Criminal Miscellaneous No. 51413 of 2021 by a Co-ordinate Bench of this Court. Lastly, it has been submitted that the petitioner is in custody since 13.12.2022 having one criminal case. Charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
Patna High Court CR. MISC. No. 25531 of 2023(2) dt.23-05-2023 3/3
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- IInd, Gaya, in Belaganj P.S. Case No. 108 of 2021.
(Khatim Reza, J) premchand/- U