Satyendra Yadav @ Pouan Yadav @ Poua Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45441 of 2016 Arising Out of PS.Case No. -81 Year- 2015 Thana -AGIAUN BAZAR District- BHOJPUR ====================================================== Satyendra Yadav @ Pouan Yadav @ Poua Yadav, Son of Shankar Yadav, Resident of Village - Banshi Tola (Salakhana), Police Station - Agion Bazar, District - Bhojpur.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Binod Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-02-2017 The petitioner is apprehending his arrest in connection with Agion Bazar P.S. Case No. 81 of 2015, registered for offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.
It has been submitted on behalf of the petitioner that petitioner's name has come in this case only on the basis of suspicion. As a matter of fact that the deceased herself consumed poison resulting her death. It has further been submitted that the doctor, who is alleged to have examined the deceased and also other witnesses have supported the case of defense, which has come in several paragraph of the case diary and the story that the petitioner along with some persons came and took away the deceased's body and cremated her, is totally false as it is the father of the deceased, who performed last rituals of the deceased.
Patna High Court Cr.Misc. No.45441 of 2016 (3) dt.20-02-2017 2/2 It has also been submitted that other co-accused persons have already been granted anticipatory bail by this Court vide order dated 17.08.2016, passed in Criminal Miscellaneous No. 27162 of 2016.
Heard learned A.P.P. also.
Having heard both sides, in view of the fact that there are several materials in the case diary so as to show the involvement of the petitioner in the present case and also several witnesses have supported the case of the prosecution, as such, I am not inclined to grant the petitioner the privilege of anticipatory bail, it is accordingly rejected.
However, if the petitioner surrenders before the Court below and pray for regular bail, his application shall be considered by the court below on its own merit, without being prejudiced by the order of this Court.
(Vinod Kumar Sinha, J) sunil/- U T