Lakhan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11901 of 2021 Arising Out of PS. Case No.-44 Year-2013 Thana- AMARPUR District- Banka ====================================================== LAKHAN YADAV, Son of Late Hukum Yadav, Resident of Village - Balua Satghara, P.S.- Amarpur, District - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.A jay Mukherjee, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in connection with a case registered under sections 302, 201 and 34 of the Indian Penal Code.

As per allegations in the FIR, a dead body of woman was recovered from the agriculture field but the identity could not be established.

It is submitted by learned counsel for the petitioner that in course of investigation it transpired that the deceased is the daughterin-law of this petitioner. The allegations in course of investigation are general and omnibus in nature against the husband as also all other members of the in-laws family including the petitioner herein. The husband of the deceased has been enlarged on bail vide order dated 2.4.2014 (Annexure-2). It is submitted that the petitioner who

Patna High Court CR. MISC. No.11901 of 2021(3) dt.17-08-2021 2/2 11895 happens to be the father-in-law of the deceased is in custody since 13.10.2020.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner who happens to be the father-in-law having remained in custody for more than 10 months, the Court directs the petitioner to be enlarged on bail in connection with Amarpur P.S. Case no. 44/2013 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate/successor Court, Banka.

In view of the fact that the case is of the year 2013, it is directed that the petitioner shall remain personally present in Court on each date of trial and in case of absence of the petitioner on any single date for reasons not to the satisfaction of the learned trial Court, the learned trial Court may cancel the bail bond of the petitioner and take him into custody till conclusion of the trial. (Partha Sarthy, J) Spd/- U T