Patna High CourtCR. MISC./29038/2020bail rejected

Dinesh Yadav v. The State Of Bihar

2021-02-25Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 29038 of 2020 Arising Out of PS. Case No.-235 Year-2019 Thana- BARHARA KOTHI District- Purnia ====================================================== DINESH YADAV Son of Late Bhuvneshwari Yadav Resident of VillageSukhsena Purab, P.S.-Barhara (B. Kothi), District-Purnea. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr Bijendra Kumar Singh, Advocate For the Opposite Party/s :

Mr Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 25-02-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Barhara Police Station (for brevity PS) Case No 235 of 2019 instituted for the offence punishable under Sections 302, 201/34 of Indian Penal Code (for brevity, IPC).

The petitioner is accused of having murdered his first wife.

Learned counsel for the petitioner submits that even as per prosecution case, there is no direct evidence against the petitioner. During the course of investigation, no concrete material has surfaced. The marriage of victim with the petitioner was solemnized about 16 years back. There is no

Patna High Court CR. MISC. No.29038 of 2020(7) dt.25-02-2021 2/2 immediate cause of the commission of the offence. Learned APP for the State has opposed the prayer for bail. It is submitted that the deceased had implicated the petitioner in the case registered under Section 498A of IPC merely 10 years back. The accused has solemnized his second marriage. In paragraph 17 of case diary, there is statement of the daughter of the victim Rubi Kumari which lends credence to the prosecution case.

Considering the brutal nature of the murder and the aforesaid submissions advanced by the parties, this Court is not inclined to grant bail to the petitioner. Prayer for bail is rejected for the present.

(Madhuresh Prasad, J) M.E.H./- U T