Patna High CourtCR. MISC./68410/2018bail rejected

Shailesh Yadav v. The State Of Bihar

2018-12-18Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68410 of 2018 Arising Out of PS. Case No.-325 Year-2017 Thana- SABAUR District- Bhagalpur ====================================================== Shailesh Yadav Son of Late Otti Yadav @ Aori Yadav Resident of VillageKurpat,P.S. Sabour,Distt.-Bhagalpur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh For the Opposite Party/s :

Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-12-2018 Petitioner prays for bail in connection with Sabour (Goradiah) P.S.Case No. 325 of 2017 registered for the offence punishable under Section 302 of the Indian Penal Code. Allegation as per FIR is that daughter of the informant was married with one Rajesh Yadav and there are two children also from the wedlock and on the eve of Chhath puja she came to her Maike and thereafter a phone call of the petitioner came to the mobile of informant to send the deceased with child and stated that he is waiting on the road with his bike. Further allegation is that when informant made a call to the petitioner to get her talk with deceased, he assured her to facilitate her and later on phone of the petitioner was found switched off and deceased was found lying Surupchak Bahiyar.

Submission of learned counsel for the petitioner is

Patna High Court Cr.Misc. No.68410 of 2018(3) dt.18-12-2018 2/2 that there is no eye-witness to the occurrence and petitioner is in custody since 18.5.2018.

Heard learned APP also, who has opposed the prayer for bail stting that petitioner has killed the deceased and thereafter dead body was recovered from Bahiyar. Having heard both sides and in the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner.

Accordingly, this application is dismissed.

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