Varun Yadav @ Barun Yadav v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20937 of 2016 Arising Out of PS.Case No. -104 Year- 2014 Thana -KAUAKOL District- NAWADA ====================================================== Varun Yadav @ Barun Yadav @ Barun Yadav, son of Sri Ambika Yadav, resident of village- Mananiyatari, PS- Kowakol, District- Nawada. .... .... Petitioner
Versus
1. The State of Bihar
2. Sangita Kumari, Daughter of Mundrika Yadav, resident of villagePaharpur Tola Mananiyatari, PS- Kowakol, District- Nawada. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Ambika Bhagat, Advocate For the Opposite Parties : Mr. R.P.S. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 03-08-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor. Petitioner is an accused against whom, along with others, charge has been framed under sections 302/34/201/34 of the Indian Penal Code vide order dated 13.04.2015 under Sessions Trial no. 65/15/08/15 by the learned Additional Sessions Judge, Nawada and aggrieved thereby, has filed the instant petition.
Submission is that the First Information Report has been registered at the instance of the cousin sister of deceased who herself is not an eye-witness to the occurrence. The written report is based upon hearsay. Furthermore, it has also been submitted that the witnesses Mukesh Yadav, Jitendra Yadav as
Patna High Court Cr.Misc. No.20937 of 2016 (2) dt.03-08-2016 2/2 well as Guddu Kumar have named the petitioner along with others but their statements should not be accepted in the background of the fact that they have been examined after eight days of the occurrence. So submitted that the order impugned is fit to be rejected.
Learned Additional Public Prosecutor opposes the prayer.
The reliability of the evidence is the matter of trial. That being so, the instant petition sans merit and is accordingly rejected.
(Aditya Kumar Trivedi, J.) rinkee/- U T