Chhatradhari Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21673 of 2021 Arising Out of PS. Case No.-370 Year-2020 Thana- BARACHATTI District- Gaya ====================================================== Chhatradhari Yadav S/O Bhagirath Yadav R/O Village-Sanra, P.S.-mohanpur, District-Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sudhir Kumar Sinha, Adv.
For the Opposite Party/s :
Mr. Satyadeo Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-09-2021 Heard learned counsel for the parties through video conferencing.
The petitioner has preferred the instant application for grant of regular bail in a case registered under sections 306, 341, 323, 506 and 34 of the Indian Penal Code.
As per the prosecution case, it is stated by the informant that on waking up in the morning she found her husband hanging, having committed suicide. It is further stated that the petitioner, his wife and three sons had beaten up her husband over land dispute and had also threatened him. She is convinced that he committed suicide as a result of the said mental and physical torture.
It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. An
Patna High Court CR. MISC. No.21673 of 2021(2) dt.24-09-2021 2/2 unsubstantiated suspicion has been raised against the petitioner. The cause of false implication of the petitioner is land dispute between the parties. The petitioner is in custody since 18.11.2020 and has no criminal antecedent. Chargesheet has been submitted in the case.
Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case together with the petitioner having remained in custody for over 10 months, this Court directs the petitioner to be enlarged on bail in connection with Barachatti (Mohanpur) P.S. Case no.370 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Sherghati, Gaya.
(Partha Sarthy, J) Bibhash/- U