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Patna High CourtCR. MISC./34124/2018dismissed

Upendra Yadav v. The State Of Bihar

2018-11-05Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34124 of 2018 Arising Out of PS. Case No.-156 Year-2017 Thana- RAJGIR District- Nalanda ====================================================== Upendra Yadav, Son of Jagdish Yadav, Resident of Village - Puran Bigha, P.S. - Rajgir, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar For the Opposite Party/s :

Mr. Sri Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-11-2018 The petitioner seeks regular bail in connection with Rajgir P.S. Case No. 156 of 2017, registered for offences punishable under Section 302, 201/34 of the Indian Penal Code. Allegation against the petitioner and other accused persons is of assaulting the deceased to death and disposing of the dead body.

It has been submitted on behalf of the petitioner that only general and omnibus allegation has been attributed to the petitioner and others have already been enlarged on bail, whereas, petitioner has been languishing in judicial custody since 210.08.2017.

Learned counsel for the State opposed the prayer for bail and submitted that paragraph -7 of the case diary shwos

Patna High Court Cr.Misc. No.34124 of 2018(5) dt.05-11-2018 2/2 that the son of petitioner has stated about assault by the petitioner to the deceased and disposing of the dead body and son of the deceased has also stated the same. Further the dead body of the deceased is still traceless and husband of the deceased used to live outside the State for his livelihood. Having heard both sides, considering the facts and circumstances of the case and the nature of allegation, I am not inclined to enlarge the petitioner on bail.

This application is accordingly dismissed.

(Vinod Kumar Sinha, J) sunilkumar/- U T