Patna High CourtCR. MISC./29069/2023dismissed

Manoj Kumar Yadav v. The State Of Bihar

2023-05-24Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29069 of 2023 Arising Out of PS. Case No.-233 Year-2022 Thana- ROSERA District- Samastipur ====================================================== MANOJ KUMAR YADAV son of Indradev Yadav Village- Jahangirpur PsSinghia Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Rajeev For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-05-2023 Heard the learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Rosera P.S. Case No. 233 of 2022, S.T. No. 584 of 2022 registered for the offences under Section 302 of the Indian Penal Code and Section 27 of Arms Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 19.07.2022.

The prosecution story in short is that informant (brother-in-law of the petitioner) came to his house and started abusing them and wanted to take away his wife, but petitioner's wife didn't want to go with him due to mental torture. After that

Patna High Court CR. MISC. No.29069 of 2023(2) dt.24-05-2023 2/2 the petitioner took out a pistol and fired two rounds of bullets upon his mother-in-law and due to bullet injury she fell down. Again the informant fired upon his wife, but due to misfire informant with the help of neighbour caught the petitioner with pistol and handed over to the police. Then, the informant took her mother to Govt. Hospital where doctor declared her dead. Considering the fact that the petitioner is the assailant of the deceased, this Court is not inclined to grant bail to the petitioner.

Accordingly, the prayer of bail of the petitioner is rejected herewith.

Learned Trial Court is directed to expedite the trial. (Sandeep Kumar, J) abhishekkr/- U T