Ramji Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.22833 of 2016 (3) dt.13-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22833 of 2016 Arising Out of PS.Case No. -196 Year- 2015 Thana -KOCH District- GAYA ======================================================

1. Ramji Yadav Son of Lakshman Yadav Resident of Village- Manjathi, P.S.- Konch, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Saxena, Advocate For the Opposite Party/s : Mr. Renu Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-07-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Konch P.S. Case No. 196 of 2015 registered for the offences punishable under Sections 304(B) and 201/34 of the Indian Penal Code. Baby Kumari was married to the petitioner in the year 2013 and allegedly, she was being assaulted for not fulfilling the demand, however the informant gave Rs. 1,00,000/- two months ago and again he gave Rs. 10,000/- two days ago, but ultimately, she was killed by the petitioner and other in-laws and her dead body was also cremated.

Submission is of false implication and that earlier no complaint was filed anywhere regarding demand, during investigation, witnesses vide para 6, 7 and 24 of the case diary have stated that the wife of the petitioner gave birth of a child 12 days ago and she was very week, she was treated by the doctor but

Patna High Court Cr.Misc. No.22833 of 2016 (3) dt.13-07-2016 when she was being brought for treatment to Gaya in the way she died. The informant now after realizing the truth has filed compromise petition also in the learned court below, vide annexure-2.

The learned A.P.P. submits that now the informant is retracting from his earlier version.

In the facts and circumstances stated above, considering that chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence and, as such, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Gaya in connection with Konch P.S. Case No. 196 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) sushma/- U T