Mahesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79492 of 2024 Arising Out of PS. Case No.-482 Year-2020 Thana- PAHARPUR District- East Champaran ====================================================== Mahesh Yadav Son of Late Binda Yadav Resident of Village - Neerpur, P.S.- Pahadpur, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar, Advocate For the Opposite Party/s :
Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-02-2025 Heard learned counsel for the parties.
2. The petitioner is apprehending his arrest in connection with Paharpur P.S. Case No. 482 of 2020 for the offence registered under sections 304B, 34 of the Indian Penal Code and Section 3&4 of the D.P. Act lodged on 30.12.2020 by the informant Sukhdeo Yadav.
3. As per the prosecution story, informant alleged that on 30.12.2020 he got an information that the accused persons including the petitioner has killed his daughter. It has to be noted that she was married to this petitioner on 19.06.2020 and within six months, the allegation of killing is there. The police was informed and the dead body was recovered from the
Patna High Court CR. MISC. No.79492 of 2024(2) dt.28-02-2025 2/3 sugarcane field. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that he has lost his wife and in a sweeping allegation, charges have been made against him and in that background he needs relief.
5. Learned APP on the other hand submits that a perusal of the FIR would show that it was lodged on 30.12.2020, the petitioner is the husband and after four years and two months, he has chosen to file anticipatory bail, despite he being the named accused in the FIR.
6. Considering the aforesaid facts, the death took place within six months, the dead body was found from the sugarcane field, the petitioner being the husband instead of bringing the investigation and co-operating the police/Court chose to evade his arrest for four years and now the anticipatory bail.
7. It is, accordingly, rejected.
8. The Superintendent of Police, East Champaran Motihari, shall be submitting a report as to what steps the police has taken in a case where the petitioner is the named accused in a case registered under Section 304B/34 of the IPC read with Sections 3 & 4 of the D.P. Act.
9. List this case under the heading 'To Be
Patna High Court CR. MISC. No.79492 of 2024(2) dt.28-02-2025 3/3 Mentioned' on 19.03.2025, to peruse the report submitted by the Superintendent of Police, East Champaran, Motihari. (Rajiv Roy, J) ranjan/- U