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Patna High CourtCR. MISC./38892/2022bail rejected

Sikendra Yadav @ Sikandra Yadav @ Nago @ Siko v. The State Of Bihar

2022-11-01Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38892 of 2022 Arising Out of PS. Case No.-23 Year-2022 Thana- BHAGWANPUR District- Begusarai ====================================================== SIKENDRA YADAV @ SIKANDRA YADAV @ NAGO @ SIKO Son of Phulo Yadav, Resident of Village- Kajirashalpur, P.S.- Teghra, District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-11-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Bhagwanpur P.S. Case No. 23 of 2022 lodged under Sections 302, 120(B) and 201/34 of the Indian Penal Code. As per the prosecution case, the allegation has been made by the brother of the deceased that the marriage of his sister was solemnized with the petitioner and petitioner and his family members in connivance with each other have killed his sister and thrown her dead body in pond.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.38892 of 2022(2) dt.01-11-2022 2/2 petitioner is innocent and has committed no offence. He is annexed a certificate by which it transpires that petitioner is 75% handicapped. He also submits that case has been filed under Section 302 of I.P.C. but police has filed charge sheet under Section 306 of I.P.C.. He further submits that petitioner is in custody since 22.03.2022 having clean antecedent. Learned counsel for the State opposes the prayer for bail and submits that petitioner is husband whose wife was died. In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner at present but liberty is hereby granted that petitioner may renew his prayer for bail after 6 months from the date of framing of charge and the Trial Court is directed to release the petitioner on bail imposing its own conditions so that he shall not evade his appearance during trial. With this observation, the bail application stands dismissed.

(Dr. Anshuman, J.) ravishankar/- U T