Ashok Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39265 of 2025 Arising Out of PS. Case No.-189 Year-2023 Thana- DHANAHA District- West Champaran ====================================================== Ashok Yadav S/O Satyendra Yadav R/O Village- Semaria, Chakadahawa, P.S.- Dhanaha, District- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ramawati Devi W/O Ramayan Khatik R/O Village- Devipur, Yogi Tola, P.S.- Dhanaha, District- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 03-09-2025 Heard Mr. Sujeet Kumar, learned counsel for the petitioner and Mr. Parmanand Kumar, learned APP for the State.

2. The petitioner has prayed for bail in connection with Dhanaha P.S. Case No. 189 of 2023 registered for the offence punishable under Sections 302, 201 read with Section 34 of the Indian Penal Code.

3. The case of the prosecution is that twelve years old minor daughter of the informant was missing from 12.09.2023 and her dead body was found on 15.09.2023 in the fields.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.39265 of 2025(3) dt.03-09-2025 2/3 committed no offence. He has been falsely implicated in this case. He also submits that from perusal of the FIR, it is clear that there is no eye-witness of the said occurrence. The petitioner was apprehended on the basis of suspicion and he has also given his confessional statement. Save and except for the confessional statement, there is nothing against this petitioner. From perusal of the case diary, this Court finds that there is no cogent material available against this petitioner. It has further been submitted that a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 07.11.2023.

5. The application for bail is opposed by learned APP for the State and submits that in this case, the police has submitted charge-sheet under Section 302 and 376 of the POCSO Act.

6. While considering the bail, the materials available on the case diary has to be accessed. It is not the charge-sheet which will determine the fate of the petitioner.

7. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail

Patna High Court CR. MISC. No.39265 of 2025(3) dt.03-09-2025 3/3 bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Bettiah, West Champaran in connection with Dhanaha P.S. Case No. 189 of 2023.

(Ashok Kumar Pandey, J) Sudhanshu/- U T