Pappu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33487 of 2023 Arising Out of PS. Case No.-639 Year-2022 Thana- BANKA District- Banka ====================================================== Pappu Yadav S/O- Ganesh Yadav Village- Garijor P.S.- Banka Dist- Banka. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar, Advocate For the Opposite Party/s :

Mr.Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 26-06-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of 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 Banka P.S. Case No. 639 of 2022 registered for the offence under Sections 302, 34 of the Indian Penal Code and Sections 3, 4 and 5 of Prevention of Witch Practices Act, 1999. The accused/petitioner is named in the F.I.R. and is in custody since 22.03.2023.

The allegation against the petitioner is to commit murder of the wife of the informant alongwith other co-accused persons by tying a rope around the neck and also by causing physical assault in the background of suspicion that the minor

Patna High Court CR. MISC. No.33487 of 2023(2) dt.26-06-2023 2/3 daughter of informant died out of suspected Witch Practice by the wife of the informant i.e. deceased.

Learned counsel appearing on behalf of the petitioner submitted that the allegation as to cause fatal assault by tying rope around the neck on the deceased is appearing very much general and omnibus against this petitioner. It is submitted that in terms of postmortem, no external injuries were noticed, which creates a doubt regarding murder of informant, as informant claimed being an eye-witness of the occurrence that soon before the occurrence his wife was assaulted by petitioner and other coaccused persons. It is also submitted that the narration of FIR suggest that informant also received injuries but was not medically examined. It is submitted that cause of death is yet to ascertain as per postmortem report. While concluding the argument, it is submitted that petitioner found involved in one more criminal case, where he is on bail, and, moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail submitted that petitioner actively participated during the occurrence as to cause death of the wife of informant.

Patna High Court CR. MISC. No.33487 of 2023(2) dt.26-06-2023 3/3 Considering the facts and circumstances as mentioned above and by taking note of nature of assault as alleged to be caused by this petitioner which is appearing very much general and omnibus, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 22.03.2023, accordingly, petitioner above named, is directed to be released on bail in connection with Banka P.S. Case No. 639 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) veena/- U T