Deep Narayan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38268 of 2020 Arising Out of PS. Case No.-199 Year-2020 Thana- BAHADURPUR District- Darbhanga ====================================================== DEEP NARAYAN YADAV, SON OF UPENDAR YADAV, RESIDENT OF VILLAGE - BASUDEVPUR, P.S. - BAHADURPUR (SONAKI OP), DISTRICT - DARBHANGA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sabal Kumar Jha, Advocate For the Informant :

Mr. Setu Prakeek, Advocate For the State :

Mr. Umesh Lal Verma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 498(A), 307, 302/34 of the Indian Penal Code.

According to FIR, the petitioner, who is husband of the informant, electrocuted two of his children, aged about five and two years. The petitioner attempted to electrocute the informant as well due to which she got injury and was taken to Darbhanga Medical College and Hospital for treatment. Learned counsel for the petitioner submits that the Doctor, who performed the postmortem examination, found a case of strangulation and not of electrocution. Moreover, the witnesses have stated that since the informant was having extra

Patna High Court CR. MISC. No.38268 of 2020(3) dt.23-03-2021 2/2 marital relation, she done to death to her children by strangulating them.

Learned counsel for the informant contends that the postmortem report is managed one. The informant was hospitalized for treatment and the Doctor found injury of electric burn on the person of the informant. None of the witnesses have seen the informant committing strangulation nor the petitioner reported the matter to the police that, in fact, his wife has strangulated the children.

At this stage, the statement of the victim cannot be disbelieved. Hence, I am not inclined to enlarge the petitioner on bail in connection with Bahadurpur (Sonaki O.P.) P.S. Case No. 199 of 2020 pending in the Court of learned Judicial Magistrate- 1st Class, Darbhanga/successor Court. Learned Trial Judge is directed to expedite the trial of the case.

(Birendra Kumar, J) Kundan/- U T