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Patna High CourtCR. MISC./54071/2021bail rejected

Tufani Yadav v. The State Of Bihar

2022-01-21Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54071 of 2021 Arising Out of PS. Case No.-153 Year-2021 Thana- JHAJHA District- Jamui ====================================================== Tufani Yadav Son Of Late Girdhari Yadav Resident of Village - Pairgaha, P.s.- Jhajha, Dist.- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Jhajha P.S. Case No. 153 of 2021, registered for the offence under Sections 302, 201, 120(B) of the Indian Penal Code.

As per the F.I.R., there was love affairs between the deceased Kundan Kumar and deceased Gudiya Kumari for the last two years and parents of the girl (Gudiya Kumari) did not want to marry her with Kundan Kumar and after hatching a conspiracy, this petitioner alongwith other F.I.R. named persons killed both the deceased and drown them under the water of Nakti dam. Petitioner is father of Gudiya Kumari (deceased). It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case due to dirty village

Patna High Court CR. MISC. No.54071 of 2021(3) dt.21-01-2022 2/2 politics. Initially, on the basis of joint petition of father of Gudiya Kumari and Kundan Kumar, a U.D. Case No. 5/2021 was lodged. It is further submitted that during course of investigation, not a single witness has come forward to depose that this petitioner has committed murder of deceased. Petitioner is in custody since 31.05.2021.

However, learned A.P.P. for the State opposed the bail petition and submitted that it is a case of 'owner-killing'. Petitioner is father of the girl Gudiya Kumari and since there was love affairs between Gudiya Kumari and Kundan Kumar, which petitioner did not like and due to which, by hatching a conspiracy, this petitioner alongwith other F.I.R. named persons killed both the deceased.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected.

(Prabhat Kumar Singh, J) anay/- U T