Dipesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53267 of 2022 Arising Out of PS. Case No.-430 Year-2022 Thana- FORBESGANJ District- Araria ====================================================== DIPESH YADAV SON OF YOGENDRA YADAV R/O VILLAGETIKULIYA, WARD NO.-10, P.S.- JOGBANI, DISTRICT- ARARIA, PIN854328 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Jha For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 22-03-2023 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Forbesganj P.S. Case No. 430 of 2022 (G.R No. 1478 of 2022), registered for the offences punishable under Sections 302, 201 & 34 of the IPC.

As per allegation, the case was registered on the written report of chowkidar Suryanand Paswan, mentioning therein that some unknown culprits, after committing murder of 40 years old person, had thrown his dead body in the maize field

Patna High Court CR. MISC. No.53267 of 2022(3) dt.22-03-2023 2/3 of Niraj Mandal. During the course of investigation, it was detected that the deceased was resident of Nepal. The learned counsel for the petitioner has submitted that in course of investigation, it has come that the deceased has solemnized his second love marriage with a lady of Dholbajja village. There is possibility that he might have been killed by the family members of his wife or any other person. The petitioner is a person of clean antecedent.

On the other hand, the learned APP has opposed the prayer for bail and submitted that in paragraph no. 52 of the case diary, containing the written application addressed to the SHO, the brother of the deceased has mentioned that one week prior to the occurrence, the deceased proceeded with the petitioner. He was possessing Rs. 40,000/- cash with some ornaments and two mobile sets. He has mentioned in that application, the petitioner along with some culprits committed the murder of the deceased. He had concealed his dead body in the maize field. The anti-mortem injuries have also been found on the person of the deceased.

Considering the above-mentioned facts and circumstances as well as the material emerged during course of investigation, I am not inclined to release the petitioner on bail.

Patna High Court CR. MISC. No.53267 of 2022(3) dt.22-03-2023 3/3 Accordingly, it is rejected.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) kundan/nirmal U T