Ashok Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3007 of 2020 Arising Out of PS. Case No.-74 Year-2019 Thana- PANCHRUKHI District- Siwan ====================================================== 1.

ASHOK YADAV S/o- Ganesh Yadav R/o Village- Mandrauli, P.S.- Pachrukhi (M.H. Nagar), District- Siwan.

2.

Surendra Yadav S/o- Ganesh Yadav R/o Village- Mandrauli, P.S.- Pachrukhi (M.H. Nagar), District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhileshwar Pandey For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-06-2020 Heard both sides.

The matter has been taken up through video conferencing.

The petitioners seek bail in Pachrukhi (M.H. Nagar) PS case No. 74/2019 registered u/s 302, 201, 120/34 of the IPC. The informant alleged that his son, Arun Kumar, had love affairs with the daughter of Ashok Yadav, petitioner No.1. The daughter of informant was residing in the house of her maternal grand father. The petitioners are alleged to have called the son of informant and killed him.

The learned counsel for the petitioners submits that there is absolutely no evidence to show that petitioners killed

Patna High Court CR. MISC. No.3007 of 2020(5) dt.23-06-2020 2/2 the son of the informant. The son of informant went to the house in the dead of the night and there was rumor that thieves had come to commit theft and on such the villagers killed the son of informant and U.D. case was registered but later on the informant lodged this case implicating the petitioners in the killing of his son.

The learned APP, however, opposed the prayer for bail.

Perused the FIR and the case diary.

It appears that son of informant was firstly called to the house of maternal grand father of daughter of petitioner No.1 and thereafter he was killed. The daughter of petitioner No.1 disclosed to one of the relatives of informant that petitioners and others brutally assaulted the son of informant and kidnapped him. This is a case of honour killing. Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioners on bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T