Ramakant Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72490 of 2021 Arising Out of PS. Case No.-267 Year-2021 Thana- TEKARI District- Gaya ====================================================== Ramakant Yadav Son of Late Ram Janma Yadav Resident of Village - Jolah Bigha, P.S.- Tekari, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-10-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Tekari P.S. Case No. 267 of 2021 lodged under Sectios 363, 302, 34 of the I.P.C.

As per the prosecution case, the case has been lodged by the petitioner about kidnapping of his wife. But subsequently, the dead body of the deceased was recovered from the well then, complaint was made by the in-laws of the petitioner and subsequently, Section 363 of Cr.P.C. converted into Section 302/34 of the I.P.C. Case diary, post-mortem and F.S.L report has been demanded in this case. F.S.L report is indicating that

Patna High Court CR. MISC. No.72490 of 2021(3) dt.17-10-2022 2/3 volatile poison was present in the decomposed tissues of the Viscera report of the deceased.

Learned counsel for the petitioner submits that he is innocent and has committed no offence. He submits that his wife was mentally ill and as soon as she become traceless, he has filed an application before the police in this regard. Learned counsel for the petitioner further submits that petitioner is a man of clean antecedent and he is in custody since 13.09.2021.

Learned counsel for the State opposes the prayer for bail.

Learned counsel for the informant vehemently opposes the prayer for bail and submits that the petitioner is not innocent but he is a real culprit from the post-mortem and F.S.L report, it is clear that poison was given to the deceased who was mentally ill and all such thing was made on the instance of the petitioner in lust of his second wife.

Upon specific query that whether charge has been framed in this case or not, learned counsel shows his inability in this regard.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to

Patna High Court CR. MISC. No.72490 of 2021(3) dt.17-10-2022 3/3 the petitioner. The bail petition of the petitioner is hereby rejected but liberty is hereby granted to the petitioner to move for bail 9 months after framing of charge.

With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) prakashmani/- U T