Md. Yusuf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48188 of 2021 Arising Out of PS. Case No.-10 Year-2021 Thana- LODIPUR District- Bhagalpur ====================================================== MD. YUSUF S/o MD. HASIM R/o VILLAGE-USTI, P.S-LODIPUR, DISTRICT-BHAGALPUR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mrs.Rina Sinha For the informant :

Mr. Praveen Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-04-2022 Heard the parties.

Petitioner seeks regular bail in connection with Lodipur PS Case No. 10 / 2021 registered under Section 302 / 201 / 120 (B) of the IPC.

As per the first information report the petitioner had taken the deceased to market for purchasing on 10-01-2021 and her dead body was found lying in an open field on 11-01-2021 kept in a gunny bag.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case and there was love affair between the petitioner and the deceased. There was no motive for the petitioner to kill his beloved wife. He further

Patna High Court CR. MISC. No.48188 of 2021(3) dt.26-04-2022 2/3 submits that there was marriage dispute of the deceased with her first husband and a divorce case was pending between them and there is a possibility that deceased may be killed by some other person at the behest of first husband of the deceased. On the other hand, learned counsel for the informant submits that in close proximity of time dead body of the deceased was found inasmuch as deceased had accompanied the petitioner on 10-01-2021 for market and her dead body was found on 11/01/2021.

He further submits that during the course of investigation in CCTV footage the petitioner was seen driving a motorcycle and his mother-in-law from first wife was sitting as a pillion rider and one Jute bag / sack was kept between them and dead body was found kept in jute bag and time of death as per post mortem report is between 30-42 Hours. Regard being had to the submissions made by the parties, taking into consideration material on record, the fact that in CCTV footage petitioner was seen along with jute bag kept on his motorcycle and in close proximity of time the dead body of the deceased was found in a jute bag. The deceased had accompanied the petitioner on 10/01/2021 and her dead body was found on 11-01-2021.

Patna High Court CR. MISC. No.48188 of 2021(3) dt.26-04-2022 3/3 investigation, as such, I am not inclined to grant regular bail to the petitioner.

Accordingly, the prayer for grant of bail is rejected. Learned trial court is directed to expedite the trial. (Anil Kumar Sinha, J) praful/- U T