Dismissed

Mithlesh Yadav @ Mithlesh Kumar and Ors. v. The State Of Bihar

Patna HC2 Sept 2015CR. MISC./15866/2015

Case brief

AI extract

What is this about?

This court dismissed an application for anticipatory bail. The petitioners faced charges under various IPC sections. The court observed that the FIR was based on the dying declaration of the victim with specific accusations, rejecting the bail plea without invoking the case diary. The application was rejected.

What did the court decide?

The application for anticipatory bail was rejected.

Mithlesh Yadav @ Mithlesh Kumar and Ors. Vs The State Of Bihar — Bail and Remand | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15866 of 2015

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Arising Out of PS.Case No. -82 Year- 2014 Thana -ASARGANJ District- MUNGER ====================================================== 1. Mithlesh Yadav @ Mithlesh Kumar Son of Shri Naresh Yadav 2. Mahesh Yadav Son of Late Banarsi Yadav 3. Munchun Yadav Son of Mahesh Yadav All Resident of village - Adras, P.S. Asarganj, District - Munger .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Prem Chand Yadav For the Opposite Party/s : Mr. Madan Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER

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4 02-09-2015 Initially the case diary of Asarganj P.S. Case No. 82 of 2014 was called vide order dated 16.04.2015 but since the application stood dismissed for non-prosecution, the case diary has been returned, thereafter the present application has been restored. In the circumstances, this Court is not inclined to call for the case diary again.

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The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 448, 342, 324, 307, 379 and 302 of the Indian Penal Code.

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The prosecution case is that when the informant was in her house, the sons of the brother of the husband of the informant came and took her to the door when these petitioners caught hold

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Patna High Court Cr.Misc. No.15866 of 2015 (4) dt.02-09-2015

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2/2

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of the informant and co-accused Sugiya Devi sprinkled kerosene oil when co-accused Naresh Yadav set the informant ablaze, subsequently the informant succumbed to the injuries.

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It is submitted by learned counsel for the petitioners that since the petitioners are the agnates of the husband of the victim, hence they have been roped in the present case.

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Considering the fact that the FIR is based on the fardbeyan of the victim and the accusation is specific against the petitioners, this Court is not inclined to grant anticipatory bail to the petitioners.

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Accordingly, the same is rejected.

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(Dinesh Kumar Singh, J)

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Amrendra/-

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U T

Mithlesh Yadav @ Mithlesh Kumar and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Mithlesh Yadav @ Mithlesh Kumar and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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