Sudhir Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42285 of 2024 Arising Out of PS. Case No.-448 Year-2023 Thana- NOORSARAI District- Nalanda ====================================================== Sudhir Yadav SON OF RAM KISHUN YADAV VILLAGE- BHAKRI, KATHAULI, PS- NOORSARAI, DIST- NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akash Shankar, Adv.

Ms. Nausheen Fatma, Adv.

Mr. Shubham, Adv.

Mr. Atul Kumar, Adv.

Mr. Anushka, Adv.

Mr. Nikita Anand, Adv.

For the Opposite Party/s :

Ms.Sangeeta Sharma,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-11-2024 Heard Mr. Akash Shankar, learned counsel for the petitioner and the State.

2. The petitioner is in judicial custody in connection with Noorsarai P.S. Case No. 448 of 2023 for the offences punishable under Sections 365 of the Indian Penal Code on 19.09.2023 by the informant, Dhiraj Kumar.

3. As per the prosecution story, the informant alleged that his mother was called by the petitioner for irrigating the land but subsequently, she disappeared. This led to the FIR.

4. Subsequently, the investigation took place and it came to notice that the petitioner along with his son and wife conspired to kill the lady and on the confession of the son, the

Patna High Court CR. MISC. No.42285 of 2024(5) dt.11-11-2024 2/2 place where the dead body was thrown, the jurisdiction of that police station had already recovered the body on the subsequent date of the lodging of the FIR i.e., 17.09.2023. The call records which are the part of the case diary clearly show that the petitioner was in regular conversation with the lady.

5. Though, the learned counsel for the petitioner tried to impress upon the Court that the confessional statement of the son of the petitioner before the police has no meaning, learned APP pointed out that subsequent to the said confession, the body of the lady was found at the same place by the police station concerned on 17.09.2023 and as such, the chain is completed. In the confessional statement, the boy has made specific confession that while he assaulted on the head of the victim, his mother tried to caught hold of the legs of the victim lady while the father (petitioner herein) pressed her neck.

6. In that background, no relief can be granted to the petitioner. Accordingly, the bail application stands rejected. (Rajiv Roy, J) perwez U T