Uday Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47967 of 2021 Arising Out of PS. Case No.-329 Year-2020 Thana- BARH District- Patna ====================================================== Uday Yadav Son of Bacchu Yadav @ Bachchu Yadav Resident of VillageGulab Bag, P.S.- Barh, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the State :

Mr.Madhura Nand Jha for the Informant :

Mr.Prem Ranjan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Barh P.S. Case No. 329 of 2020, registered for the offence under Section 302/328 of the Indian Penal Code.

As per the prosecution case, this petitioner is alleged to have killed the daughter of informant by administering her poison.

It is submitted on behalf of petitioner that petitioner has been made accused only on suspicion and informant is not the eye-witness of the occurrence. It is further submitted that on perusal of suicide note, it appears that deceased has committed suicide and as such, petitioner is nowhere involved in the

Patna High Court CR. MISC. No.47967 of 2021(3) dt.07-01-2022 2/2 alleged occurrence. Petitioner is in custody since 25.12.2020. However, learned counsel for the informant vehemently opposed the bail petition and submitted that during course of investigation in paragraph 18 of the case diary, the daughter and son of the deceased have clearly stated that on the alleged date of occurrence, this petitioner had come to their house and committed Maarpit with their mother and thereafter, administered her poison. The medical report also supports the prosecution case, as the doctor has found the case of administering poison.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is rejected.

(Prabhat Kumar Singh, J) anay/- U T