← Library
Patna High CourtCR. MISC./42421/2019dismissed

Dhanush Dhari Yadav v. The State Of Bihar

2020-03-02Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42421 of 2019 Arising Out of PS. Case No.-34 Year-2013 Thana- KHUTAUNA District- Madhubani ====================================================== 1.

DHANUSH DHARI YADAV Son of Late Fudan Lal Yadav @ Late Fuden Lal Yadav Resident of Village- Ekdara, P.S.- Khutauna, District- Madhubani. 2.

Prakash Yadav Son of Dhanush Dhari Yadav Resident of Village- Ekdara, P.S.- Khutauna, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Satyendra Prasad For the Informant :

Mr. Hriday narayan Harshit ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-03-2020 Heard the parties.

This application is for grant of regular bail in connection with Khutauna P.S.case No34 of 2013 dated 1.6.2013 for the offences under Sections 341, 323, 324, 307, 326 and 504/34 of the Indian Penal Code.

So far the petitioners are concerned, there is allegation of pouring k-oil and setting the deceased on fire. It appears that there is dying declaration also. Submission of the learned counsel for the petitioners is that dying declaration is not acceptable as there is LTI over the same whereas he has put signature on another documents and one of the co-accused against whom there is

Patna High Court CR. MISC. No.42421 of 2019(6) dt.02-03-2020 2/2 allegation of catching the deceased has been granted bail by a co-ordinate Bench of this court.

Heard learned A.P.P. and the learned counsel for the informant, who has opposed the prayer for bail. Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioners .

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T