Patna High CourtCR. MISC./6075/2019disposed

Govind Yadav v. The State Of Bihar

2019-02-27Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6075 of 2019 Arising Out of PS. Case No.-256 Year-2018 Thana- DAUDNAGAR District- Aurangabad ====================================================== Govind Yadav, S/o-Surendra Yadav, Resident of Village- Mayapur, P.S.- Daudnagar, District- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-02-2019 The petitioner seeks bail in connection with Daudnagar P.S.Case No. 256 of 2018 registered under Sections 304B and 201/34 of the Indian penal Code.

Earlier prayer for bail of the petitioner was rejected vide order dated 12.10.2018 passed in Cr. Misc. No. 63049 of 2018 with liberty to renew his prayer for bail before the court below once charge sheet is submitted.

Submission of learned counsel for the petitioner is that charge sheet has been submitted from which it appears that petitioner was not present there and death is due to hanging. He further submits that petitioner is in custody since 29.08.2018. Heard learned APP also who has opposed the prayer for bail on the ground that in several paragraphs of the case diary there is allegation of torture against the petitioner to the

Patna High Court CR. MISC. No.6075 of 2019(3) dt.27-02-2019 2/2 deceased and further death is due to hanging. Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of bail to the petitioner.

However, once, the informant and his family members have been examined in this case, petitioner will have liberty to move before the trial court itself for consideration of bail, which will be considered on he basis of material available on record at that time.

(Vinod Kumar Sinha, J) sujit/- U T