RAM JATAN YADAY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner, Ram Jatan Yadav, is an accused in a case instituted under Sections 302, 201, 120-B of the Indian Penal Code.

(2.) The allegation, in short, is that the informant's nephew Mukesh Kumar, a student of Engineering College had come to his house on 27.1.2007 at 7.00 P.M. and was talking with the family members. In the meantime, one Dharmendra Kumar and Rama Chaukidar came there and asked Mukesh Kumar to accompany them for eating Puri, whereupon, the said Mukesh Kumar accompanied them but when he did not return back till the next morning the informant went to the house of Dharmendra Kumar and made enquiry about his nephew, whereupon, the petitioner told the informant that his nephew had returned back after taking meal. It is further said that on 28.1.07, the dead body of the informant's nephew was found lying in a field. On recovery of the dead body, the informant gave his fard- bayan and suspected the hands of the petitioner and the said Dharmendra Kumar and Rama Chaudhary, in the alleged murder.

(3.) It has been submitted by the learned advocate of the petitioner that the petitioner is an old man aged about 62 years and he has been implicated in this case on the basis of suspicion because of the fact that he told the informant that his nephew had returned back to his house. It has further been submitted that the fact is that the deceased Mukesh Kumar was in love with petitioner's daughter Sabina Kumari but the informant and his family members did not like the said relationship and, so, the informant alongwith others committed murder of said Sabina Kumari for which Karpi P.S. case no. 10 of 2007 was instituted on the basis of the statement of petitioner's wife Ram Kora Devi and due to lodging of the said case the informant falsely implicated the petitioner in this case. On the above grounds, learned advocate of the petitioner prayed to enlarge the petitioner on bail.