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Patna High CourtCR. MISC./56129/2015rejected

Sintu Yadav v. The State Of Bihar

2016-04-01Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56129 of 2015 Arising Out of PS.Case No. -27 Year- 2015 Thana -THARTHARI District- NALANDA (BIHARSHARIFF) ======================================================

1. Sintu Yadav S/o Sakaldeo Yadav @ Bikhari Yadav, Resident of Village Diriper, P.S. - Tharthari, District - Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Chandra For the Opposite Party/s : Mr. Atul Chandra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-04-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 302 and 201/34 of the I.P.C Allegedly, the petitioner being the younger brother of Ajay Yadav, the husband of the informant, along with father and mother killed Ajay Yadav due to partitioning of land and made the dead body traceless.

Submission is of false implication and that there is no eye witness of the occurrence, the petitioner has been falsely implicated, as alleged the petitioner was provided magic vehicle by the father and for that the brother Ajay Yadav was quarreling

Patna High Court Cr.Misc. No.56129 of 2015 (3) dt.01-04-2016 2/2 and as such the petitioner deserves sympathetic consideration, Coaccused Sabitri Devi has already been allowed pre-arrest bail by another coordinate Bench of this Court.

The learned A.P.P. opposes prayer for bail by submitting that heinous crime has been committed and further the dead body has also been made traceless, the witnesses during investigation has supported the prosecution version. In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, at this stage I am not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with Tharthari P.S. Case No. 27 of 2015 pending in the court of A.C.J.M. Hilsa, District- Nalanda.

(Jitendra Mohan Sharma, J) Abhay/- U T