Prakash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65706 of 2021 Arising Out of PS. Case No.-482 Year-2020 Thana- KHAIRA District- Jamui ====================================================== Prakash Yadav Son of Bashudev Yadav Resident of Village - Laldaiya, P.S.- Khaira, Dist.- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Ranjan Singh, Advocate For the Opposite Party/s :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Khaira P.S. Case No. 482 of 2020 registered for the offence under Section 302 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 25.11.2020.

The allegation against the petitioner is to commit murder of his wife along with one son aged about five years and one daughter aged about three years.

Learned counsel appearing on behalf of the petitioner submitted that the occurrence took place in absence of petitioner

Patna High Court CR. MISC. No.65706 of 2021(3) dt.12-09-2022 2/2 when he was outside house in connection to attend his natural call. It is also submitted that during trial three witnesses were examined, but none of them supports the occurrence. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail, submitted that petitioner apprehended while running away from the spot after committing a brutal murder of his wife and two innocent children. All three deceased were killed in same manner as suggested by their postmortem reports, where cause of death is "smothering".

In view of the facts and circumstances as mentioned above, as petitioner apprehended immediately after committing the brutal murder of his wife and two children, this Court is not inclined to grant bail to the petitioner, accordingly same is rejected herewith.

(Chandra Shekhar Jha, J) Pooja/- Archana/- U T