Hemant Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59026 of 2022 Arising Out of PS. Case No.-51 Year-2022 Thana- DHURAIYA District- Banka ====================================================== HEMANT YADAV SON OF SUDIN YADAV R/O VILLAGE- TAHARPUR, P.S.- DHORAIYA, DISTRICT- BANKA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Samir Kumar,Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and the learned APP for the State.

2.

Petitioner seeks regular bail in connection with Dhoraiya P.S. Case No.51 of 2022 dated 06.02.2022 registered for the offences punishable under Sections 302, 201 and 120B of the Indian Penal Code.

3.

As per the prosecution, the informant's daughter was murdered by this petitioner with the help of others and this petitioner had an illicit relationship, apart from his present marriage, with his brother's wife (sister-in-law). Further it is alleged that other accused persons caught hold the deceased and this petitioner inflicted a blow at her neck by means of Gandasa, thereafter all the accused persons wrapped the victim's dead body in a jute bag and threw it on the bank of nearby river, from where the victim's dead body was recovered and identified by the informant as her daughter.

Patna High Court CR. MISC. No.59026 of 2022(3) dt.01-05-2023 2/3 4.

The main submissions advanced by the learned counsel for the petitioner are that the brother of the petitioner is having separate kitchen and residence in the house and they have also separate ingress and outgress of their residential part and the allegation made against him is general and omnibus and co-accused person namely Anuj Yadav, who is brother-in-law of the deceased, has been granted bail by a coordinate Bench of this Court vide order passed in Cr. Misc. No. 35710 of 2022 and the petitioner has been languishing in jail since 09.02.2022.

5.

Learned APP appearing for the State has opposed the bail prayer.

6.

Heard both the sides and perused the FIR of this case. As per the allegation made in the FIR, this petitioner developed illicit relationship with the wife of his brother which was objected by the deceased and owing to that resistance the deceased was subjected to torture and eventually she was killed by the accused persons in which the petitioner was alleged to be the main assailant and when the brother of this petitioner came to know about the said illicit relationship between this petitioner and his own wife then instead of making objection he supported the alleged illicit relationship and as per the allegation the

Patna High Court CR. MISC. No.59026 of 2022(3) dt.01-05-2023 3/3 deceased was badly assaulted by the accused persons including the petitioner by means of Gandasa and after her death this petitioner disposed of her body near the Gadha (pit) river which was recovered during the investigation and in respect of the allegation appearing against the petitioner, the statement of Mukhiya of the petitioner's village is relevant and she has supported the allegations made in the FIR and the statements of other witnesses are also relevant to the allegation made against the petitioner. Considering the seriousness of the allegation appearing against the petitioner, in the opinion of this Court the petitioner does not deserve to the privilege of bail. Accordingly, his bail prayer stands rejected.

(Shailendra Singh, J) sangam/- U T