Patna High CourtCR. MISC./46930/2023rejected

Dinesh Yadav v. The State Of Bihar

2023-09-11Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46930 of 2023 Arising Out of PS. Case No.-143 Year-2023 Thana- FATUA District- Patna ====================================================== DINESH YADAV S/O MUNNA YADAV R/O Nishibu Chak, P.S- Fatuha, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ganesh Prasad Yadav, Adv.

For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-09-2023

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner, who is in custody since 21.02.2023 seeks bail, in connection with Fatuha P.S. Case No.143/2023, dated 20.02.2023, for the offences punishable under Sections 302, 34 of the IPC.

3. According to prosecution case, the petitioner is alleged to have committed murder of the sister of the informant by strangulating her.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case merely on the basis of suspicion. He further submits that the informant is not an eyewitness of the alleged occurrence and even no one has seen the alleged

Patna High Court CR. MISC. No.46930 of 2023(3) dt.11-09-2023 2/2 occurrence.

5. Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner and submits that it has come during investigation in para-38 of the case diary that blood sustained shirt, towel and lungi of the petitioner were recovered which suggests that the petitioner was involved in the present occurrence. Apart from the aforesaid, the witnesses in paras- 14, 15 and 25 of the case diary have supported the case of prosecution and the police submitted charge sheet found the case true against the petitioner.

6. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Fatuha P.S. Case No.143/2023, pending in the Court of Smt. Puja Kumari, J.M.1st Class, Patna City, Patna.

7. Prayer is refused.

(Rajesh Kumar Verma, J) amit/- U T