Ramji Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49744 of 2016 Arising Out of PS.Case No. -167 Year- 2016 Thana -ATRI District- GAYA ====================================================== Ramji Yadav, s/o Bali Yadav, r/o vill-Upthu Tola, Mahadeo Bigha, PS-Atri, Dist- Gaya .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sudhir Kumar Sinha For the Opposite Party/s : Mr. Sri Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-01-2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor.
The application is for grant of bail in connection with Atri PS case no. 167/2016 for the offence under Section 302 of the Indian Penal Code.
It is submitted on behalf of petitioner that petitioner is the husband of the deceased but from FIR and materials collected during course of investigation, it appears that there is no eye-witness of the occurrence and even there is no specific overt act. It is further submitted that petitioner is in custody since 10.08.2016.
Heard learned A.P.P. also. Learned A.P.P. has opposed the prayer for bail.
Having heard both sides. Considering the fact that
Patna High Court Cr.Misc. No.49744 of 2016 (3) dt.16-01-2017 2/2 petitioner has killed the deceased and her siblings, I am not inclined to grant bail to the petitioner. As such, his prayer for bail is rejected at this stage. However, petitioner may renew his prayer for bail before the learned court below after framing of charge in this case.
With these observations, this bail application is dismissed.
(Vinod Kumar Sinha, J.) rinkee/- U T