Yadunath Jha @ Yadu Jha @ Yaduvir Jha v. The State Of Bihar

Patna High Court Cr.Misc. No.46973 of 2014 (4) dt.16-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46973 of 2014 Arising Out of PS.Case No. -14 Year- 2012 Thana -RUDRAPUR District- MADHUBANI ======================================================

1. Yadunath Jha @ Yadu Jha @ Yaduvir Jha S/o Late Mahavir Jha Resident of Village Rakhwari, P.S. Rudrapur, District Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hriday Kant Mishra For the Opposite Party/s Mr. Duresh Nandan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 16.04.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Admittedly, dead body of the deceased was found on the railway track and in course of investigation, blood stained Dhoti as well as blood stained rope were recovered from the house of the petitioner who happens to be father-in-law of the deceased. The first information report reflects that husband of the deceased, allegedly, established illicit relation with his Bhabi and the deceased used to make protest of the aforesaid illicit relation. The contention on behalf of the petitioner is that there is nothing on record to show that seized dhoti belongs to the petitioner and moreover, petitioner has no motive to commit murder of the deceased. It is further contended by him that one letter of the deceased was recovered and the aforesaid letter shows that she was in love with another person and perhaps, deceased committed suicide due to the

Patna High Court Cr.Misc. No.46973 of 2014 (4) dt.16-04-2015 above stated relation.

Considering the aforesaid facts and circumstances as well as submissions of the parties, particularly, keeping in mind that the present case hinges upon circumstantial evidence and no one has seen the actual killing of the deceased, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate, Jhanjharpur in Rudrapur P.S. Case no. 14/2012. shahid (Hemant Kumar Srivastava,J) U T