Baliram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49842 of 2015 Arising Out of PS.Case No. -1 Year- 2015 Thana -KHIJARSARAI District- GAYA ======================================================

1. Baliram Yadav, Son of Suresh Yadav, resident of Village- Tega Bigha, P.S. Khizarsarai, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Kumar Singh For the Opposite Party/s : Mr. B.M.P.Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-12-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under sections 304 (B), 201/34 of the I.P.C Khusi Kumari @ Tusi Kumari, the daughter of the informant, was married with the petitioner eight years ago but the petitioner and other in-laws started torturing her due to non fulfillment of demand of Rs. 1,00,000/- and Hero Honda Motorcycle and ultimately she was burnt and she was being treated in private clinic.

Submission is of false implication and that as there

Patna High Court Cr.Misc. No.49842 of 2015 (3) dt.11-12-2015 2/3 was no issue from the wedlock and as such the wife of the petitioner was living in frustration resulting she burnt herself. The neighbourers tried to save her and at that time the petitioner and other family members were working in the field, she was brought to the doctor where the wife of the petitioner stated that she burnt herself as her mother-in-law used to taunt her being childless and after completing investigation in this case charge sheet has been submitted under sections 306 and 201/34 of the I.P.C. vide annexure to the second supplementary affidavit. The petitioner is suffering in custody since 26.07.2015 and as such he deserves sympathetic consideration.

The learned A.P.P. fairly submits that charge sheet has been submitted under sections 306 and 201/34 of the I.P.C. In the facts and circumstances as stated above, considering that charge sheet has been submitted under sections 306 and 201/34 of the I.P.C and as such the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Gaya in Khizar Sarai P.S. Case No. 01 of 2015/ G.R. No. 341 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of

Patna High Court Cr.Misc. No.49842 of 2015 (3) dt.11-12-2015 3/3 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) Abhay/- U T