Deo Narayan Yadav @ Jam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 25110 of 2016 Arising out of P.S. Case No. -27 Year- 2015 Thana - BASOPATTI District- MADHUBANI =================================================== Deo Narayan Yadav @ Jam Son of Mahendra Yadav, Resident of Village - Madhiya, P.S. Basopatti, District - Madhabani. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s =================================================== Appearance :

For the Petitioner/s : Mr. Gagan Deo Yadav, Adv. For the Opposite Party/s: Md. Arif (APP) =================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05.

10.08.2016 Heard learned counsel for the Petitioner and learned counsel for the State.

The Petitioner is languishing in custody since 24.06.2015 in connection with Basopatti P.S. Case No. 27 of 2015 pending in the Court of Additional Sessions Judge-VI, Madhubani for the offences instituted under Section 302/34 of the Indian Penal Code.

The prosecution case, in brief as alleged in the FIR is that the husband of the Informant namely Tej Narayan Yadav along with his elder brother Deep Narayan Yadav were going on a motorcycle when they reached near the house of Rati Sada the petitioner along with Jay Narayan Yadav, Shankar Ram, Ram Dayal Yadav cried for stop of the motorcycle to the elder brother of the petitioner then he stopped the motorcycle upon which the petitioner fired from his pistol on her husband thereafter he was taken to the hospital but during the course of treatment he died.

Patna High Court Cr.Misc. No.25110 of 2016 (5) dt.10-08-2016 It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.06.2015. The alleged occurrence is said to have taken place on 03.03.2015 but the FIR was instituted on 12.03.2015. Charge-sheet has been submitted in the case. The deceased died on 09.03.2015. Prior to his death he was examined at Primary Health Centre, Basopatti but the Doctor referred him to D.M.C.H. Madhubani and thereafter referred to P.M.C.H. Patna where in course of treatment he died. There is no medical report or post-mortem report to support the allegation made in the FIR. Delay in institution of the case has also not been explained by the prosecution.

On behalf of the State, it has been submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances of the case, let the Petitioner, above named be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-VI, Madhubani in connection with Basopatti P.S. Case No. 27 of 2015.

Vikash/- (Sudhir Singh, J.) U T