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Patna High CourtCR. MISC./32816/2018rejected

Tulsi Yadav v. The State Of Bihar

2018-07-04Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32816 of 2018 Arising Out of PS.Case No. -261 Year- 2017 Thana -CHAURADANO District- EAST CHAMPARAN(MOTIHARI) ====================================================== Tulsi Yadav, S/o Chandan Rai, R/o Vill.- Ekdari, P.S.- Chhauradano, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 04-07-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 14.01.2018 in connection with Chhauradano P.S. Case No.261 of 2017 registered for the offence under Sections 302, 201, 34 of the Indian Penal Code, which is pending in the court of the learned Sub-Divisional Judicial Magistrate, Raxaul, Motihari, East Champaran.

Diary in the present case was called for, which has since been received.

Learned counsel for the petitioner submits that save and except suspicion, there is no further material in the case diary to implicate the petitioner.

Patna High Court Cr.Misc. No.32816 of 2018 (3) dt.04-07-2018 2/2 However, learned counsel for the State submits that it has come on record that there are some differences regarding payment of wages to the deceased girl and the post-mortem report also reveals that the death had occurred on account of asphyxia due to throttling. The body was recovered from DHER or bundle of paddy crop of Tulsi Yadav situated near the house of the petitioner and on search, the petitioner was found absent.

Considering the entire facts and circumstances, I am not inclined to grant regular bail to the petitioner. It is, accordingly, dismissed.

(Anjana Mishra, J) PNM U T