Suresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16075 of 2017 Arising Out of PS.Case No. -218 Year- 2015 Thana -KATORIA District- BANKA ======================================================

1. Suresh Yadav S/o Ramlal Yadav Resident of Village- Dhusi, P.S. Katoriya (Suiya), District- Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-04-2017 The petitioner seeks regular bail in connection with Katoriya (Suia) P.S. Case No. 218 of 2015, registered for offences punishable under Sections 304B, 328 and 34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that initially the case was under Section 304B Indian Penal Code and the petitioner is husband but later on charge-sheet has been submitted under Section 306 Indian Penal Code. It has further been submitted that Viscera report also does not show any substance of poison and further there is nothing against the petitioner so as to implicate him in this case rather the deceased committed suicide due to family dispute. Petitioner has been in judicial custody since 25.01.2017.

Heard learned A.P.P. also.

Having heard both sides, in view of the fact and circumstances of the case and also in Viscera report, no substance

Patna High Court Cr.Misc. No.16075 of 2017 (3) dt.21-04-2017 2/2 as poison was found, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned CJM, Banka, in connection with Katoriya (Suia) P.S. Case No. 218 of 2015, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T