Sharmanand Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.4602 of 2015 (3) dt.23-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4602 of 2015 Arising Out of PS.Case No. -59 Year- 2013 Thana -KURTHA District- JEHANABAD ======================================================

1. Sharmanand Yadav Son of Late Mithlesh Yadav Resident of Village & P.S- Kutha, District - Arwal.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Paras Nath For the Opposite Party/s Mr. Atul Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 23.04.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner being husband of deceased is languishing in jail custody since 22.9.2014 in a case registered under section 304B/34 of the IPC.

Prior to institution of the case, statement of deceased was recorded by ASI of the concerned police station and in the aforesaid statement, deceased stated that she was caught in fire accidentally. The aforesaid fact has been mentioned by the supervising authority at para 18 of the case diary. Statement of informant was recorded under section 164 Cr.P.C in which he stated that he lodged the present case under misconception.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like

Patna High Court Cr.Misc. No.4602 of 2015 (3) dt.23-04-2015 amount each to the satisfaction of Sri N.K. Thakur, Judicial Magistrate, Ist Class, Jehanabad/concerned court in Kurtha P.S. Case no. 59/2013.

shahid (Hemant Kumar Srivastava,J) U T