Jiwachh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48106 of 2015 Arising Out of PS.Case No. -110 Year- 2015 Thana -LAUKHI District- MADHUBANI ======================================================

1. Jiwachh Yadav, son of Late Laxmi Yadav, resident of Village- Baryahi, Police Station- Laukahi, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar For the Opposite Party/s : Mr. Yogendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-02-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 302 and 201/34 of the I.P.C Punam Devi, the daughter of the informant, was married to Sadanand Yadav, the son of the petitioner, thereafter due to illicit relationship of Pawan Devi with Ghuran Yadav she was being targeted and ultimately she was killed and her dead body was cremated by the petitioner and other co-accused and at that time the husband of the deceased was not there. Submission is of false implication and that during investigation nothing has come that the petitioner was involved in killing the deceased, only it has come that the petitioner and others cremated the dead body and the informant after realizing the truth

Patna High Court Cr.Misc. No.48106 of 2015 (4) dt.17-02-2016 2/2 has filed compromise petition in the court below vide Annexure-2 and as such the petitioner deserves sympathetic consideration as he is suffering in custody since 20.07.2015 having no criminal antecedent.

The learned A.P.P. opposes prayer for bail by submitting that in absence of the husband the deceased was killed and the petitioner was present there.

In the facts and circumstances as stated above, considering that the informant is not ready to support the prosecution version against the petitioner and as such the petitioner 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 Sri S.K. Roy, J.M. 1st Class, Jhanjharpur in Laukahi P.S. Case No. 110 of 2015/ G.R. No. 1088 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 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