Hiralal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86583 of 2024 Arising Out of PS. Case No.-35 Year-2024 Thana- SIRISIYA District- West Champaran ====================================================== Hiralal Yadav Son of Langatu Yadav Resident of Vill- Musahari, P.S.- Sirisiya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the State :

Mr. Nand Kishore Prasad, APP For the Informant :

Mr. Shiv Kumar Dwivedy, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-03-2025 Heard learned counsel for the petitioner and learned APP for the State as also learned counsel for the informant. Perused the case diary.

2.

The petitioner seeks bail in connection with Sirisiya P.S. Case No. 35 of 2024 instituted for the offence under Sections 302 & 34 of the Indian Penal Code. 3.

The informant alleges that his sister was murdered by her in-laws, including the petitioner, who had previously misbehaved with her.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 22-05-2024. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.86583 of 2024(3) dt.27-03-2025 2/3 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner elder brother of the husband of the deceased. There is delay of two days in lodging the FIR. There is no eye witness to the occurrence. It is submitted that husband of the deceased has raised suspicion against the accused persons that they have committed murder on account of land dispute relating to partition of vacant land. Charge sheet is submitted in this case. As per postmortem report, cause of death is asphyxia as a result of hanging.

6.

Learned A.P.P. for the State as also learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner. It is submitted that informant in his restatement mentioned at paragraph No.3 as well as other witnesses have supported the prosecution case. It is fervently submitted that petitioner in his confessional statement has confessed his guilt, which fact finds mention at paragraph No. 26 of the case diary.

7.

Considering the aforesaid facts and circumstances of the case, there being ample material against the petitioner followed by his self-confessional statement, this Court, at this stage, is not inclined to grant bail to the petitioner. Prayer for

Patna High Court CR. MISC. No.86583 of 2024(3) dt.27-03-2025 3/3 grant of bail is, accordingly, rejected.

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