Banti Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68850 of 2024 Arising Out of PS. Case No.-135 Year-2024 Thana- RAHUI District- Nalanda ====================================================== Banti Yadav S/o Chandrika Yadav @ Chandrika Prasad @ Karu Yadav R/o -Village Dosut, P.S.- Wena, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-12-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Rahui P.S. Case No. 135 of 2024 instituted for the offence under Sections 302, 201/34 of the Indian Penal Code. 3.

Prosecution case in short is that mother of the informant has been done to death by the petitioner and other coaccused persons. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 21-03-2024. Petitioner is a man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present

Patna High Court CR. MISC. No.68850 of 2024(4) dt.03-12-2024 2/3 case. It is submitted that the mother of the informant was not found at her house and on search her dead body was found hanging on a baniyan tree at a Dargah beside her house and on the basis of suspicion since the petitioner was in illicit relationship with the mother of the informant and as such, it is alleged that the petitioner and his friends have committed murder. It is next submitted that in CCTV footage one person is detected and is alleged to wear cloth like the petitioner. There is no independent witness to the occurrence. It is submitted that there is complaint registered by the informant or his family members for so called alleged illicit relationship with the petitioner.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Referring to paragraph No. 119, it is submitted that time and again the CDR of the petitioner was found near the place of occurrence. Postmortem report reveals the cause of death to be asphyxia due to hanging.

7.

Considering the aforesaid facts and circumstances of the case, taking into account the materials available in the case diary, this Court, at this stage, is not inclined to grant bail to the petitioner. Prayer is rejected.

Patna High Court CR. MISC. No.68850 of 2024(4) dt.03-12-2024 3/3 8.

The Trial Court is directed to expedite the trial as expeditiously as possible without any undue delay and unnecessary adjournments.

(Rudra Prakash Mishra, J) Raj Kishore/- U T