Deepak Yadav @ Kavit Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39941 of 2016 Arising Out of PS.Case No. -249 Year- 2015 Thana -DIHRINAGAR District- SASARAM (ROHTAS) ====================================================== Deepak Yadav @ Kavit Yadav son of Late Heera Yadav Resident of Village-Ratu Bigha, P.S.-Dalmia Nagar, District-Rohtas .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Bipin Kumar, Advocate.
For the Opposite Party : Mr. Kalyan Shankar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-12-2016 Heard both sides.
The petitioner seeks bail in Dehri Town P.S. Case No. 249 of 2015, registered for the offences punishable under Section 302 and other Sections of the Indian Penal Code. The informant alleged that the accused persons had suspicion that her husband was also participated in killing of Sabit Yadav. Rabindra Paswan, Chandan Paswan and three others were made accused in killing of Sabit Yadav. She along with her husband was sleeping and the accused persons took her husband along with them. After sometime the informant and other villagers searched and the dead body of the informant's husband ridden with bullet was found.
Learned counsel for the petitioner submits that the
Patna High Court Cr.Misc. No.39941 of 2016 (3) dt.05-12-2016 2/2 petitioner is innocent. There is no specific allegation against the petitioner. On account of enmity the petitioner has falsely been implicated in the case. From perusal of the FIR, itself, it would appear that the deceased was a veteran criminal and some unknown might have killed the deceased but the informant on account of enmity implicated the petitioner in the murder of her husband but, it appears that the informant has very categorically stated that the petitioner along with five other persons came and took her husband with them and only after sometimes the dead body of her husband ridden with bullet was found. Considering the nature of allegations made against the petitioner, I am not inclined to enlarge the petitioner above named on bail. Accordingly, the same is rejected.
(Prabhat Kumar Jha, J.) KKSINHA/- U T