Shakun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69031 of 2023 Arising Out of PS. Case No.-49 Year-2023 Thana- AMARPUR District- Banka ====================================================== Shakun Yadav Son of Lalu Yadav Resident of village and P.O.- Bharko, P.S.- Amarpur, District - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pranav Kumar For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302, 201 and 34 of the Indian Penal Code.

3. As per prosecution case, the informant received information about a dead body of unknown female found near east corner of Koni Dam. When the informant reached at that place, he saw the dead body was lying, her face was completely crushed and found one ring from the deceased's finger, in which "Sakun and Puja" was engraved.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. Petitioner is

Patna High Court CR. MISC. No.69031 of 2023(3) dt.03-01-2024 2/3 not named in the FIR and the same has been lodged against unknown person. During investigation, the name of the petitioner has come into light on the basis of suspicion that the name mentioned in the ring, which was recovered from the finger of the deceased is the similar one, which the petitioner wore. There is no consistent evidence has come against the petitioner to show he has involved in the alleged occurrence rather from the C.D.R. of the deceased, it appears that she was regularly conversing with some unknown person on mobile phone and the mobile number belongs to one Rekha Singh. He further submitted that the deceased namely, Puja Kumari was already married to another person not being the petitioner, therefore, it is highly improbable that the deceased was openly wearing a ring with the name of someone. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 07.07.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above

Patna High Court CR. MISC. No.69031 of 2023(3) dt.03-01-2024 3/3 named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No. 49 of 2023.

(Sunil Kumar Panwar, J) Arish/- U T