Manoj Yadav @ Mannu Yadav @ Munna Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41995 of 2015 Arising Out of PS.Case No. -58 Year- 2015 Thana -RANIGANJ District- ARRARIA ====================================================== Manoj Yadav @ Mannu Yadav @ Munna Yadav Son of Shri Kalanand Yadav Resident of Village - Sarwaha Barbanna, P.S.- Ranignj, District - Araria .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Pushpa Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 02-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.
The petitioner seeks bail in connection with Raniganj P.S. Case No. 58 of 2015 registered for the offence punishable under Section 304-B/34 of the Indian Penal Code. Dezy Devi, the daughter of the informant was married to the petitioner in June, 2014 and due to non-fulfillment of demand of Rs. 50,000/- she was strangulated to death by the petitioner and other in-laws.
Submission is of false implication and that the informant has lodged this case only with a view to extract money, there was cordial relation between the petitioner and his wife, the doctor who has conducted post-mortem of the deceased has not found any external injury on the person of the deceased and
Patna High Court Cr.Misc. No.41995 of 2015 (6) dt.02-02-2016 2/2 further in F.S.L. report, also no poisonous substance has been detected, the wife of the petitioner died naturally due to severe pain in the stomach and, as such, the petitioner who is suffering in custody since 15.04.2015, deserves sympathetic consideration to which the learned A.P.P. opposes by submitting that petitioner is the husband.
In the facts and circumstances stated above, considering that during post-mortem examination no external injury has been found on the person of the deceased and further in F.S.L. report no poisonous substance has been detected 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 Judicial Magistrate-1st Class, Araria arising out of Raniganj P.S. Case No. 58 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