Akhlesh Yadav @ Akhilesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33776 of 2015 Arising Out of PS.Case No. -15 Year- 2015 Thana -SARSI District- PURNIA ====================================================== Akhlesh Yadav @ Akhilesh Yadav Son of Rajendra Yadav. Resident of Village- Matiyari P.S. Raniganj (Araria R.S), District- Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nadimul Hasan, Advocate. For the Opposite Party/s : Mr. Raj Ballabh Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-10-2015 Heard both sides.

The petitioner apprehends his arrest in a case under Section 302 and other sections of the Indian Penal Code. The mother of the deceased made allegation that Remi Devi was brutally assaulted by her husband, mother-in-law and brother-in-law (the petitioner) and she was dropped at the house of Kundan Yadav. Learned counsel for the petitioner submits that the informant is not an eye-witness of the occurrence. The petitioner is the brother-in-law of the deceased and he has got no manner of concern with the family affairs of the deceased and her husband Bhawesh Yadav.

On perusal of the record, it appears that the deceased was dropped at the house of Kundan Yadav. Pinki Devi, the sister of Kundan Yadav, disclosed that the petitioner along with his

Patna High Court Cr.Misc. No.33776 of 2015 (3) dt.15-10-2015 2/2 mother and brother (husband of the deceased) brought Remi Devi (the deceased) on an auto-rickshaw and dropped her at her house and after some time, she died.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail in Sarsi P.S. Case No. 15/2015. Accordingly, the same is rejected.

The petitioner, if so advised, may surrender in the court below and make prayer for regular bail. The court below shall consider the prayer for regular bail of the petitioner without being prejudiced from this order.

(Prabhat Kumar Jha, J) Dilip/- U T