Raju Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27218 of 2017 Arising Out of PS.Case No. -72 Year- 2016 Thana -CHAND District- BHABHUA (KAIMUR) ======================================================
1. Raju Yadav, son of Faujdar Yadav @ Faudar Yadav, Resident of VillageNawdiha, P.S. Chand, District- Kaimur at Bhabua. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pawan Kumar Singh For the Opposite Party/s : Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 28-08-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 23.06.2016 in connection with S.T. No. 78/2017, arising out of Chand P.S. Case No. 72/2016 for offences punishable under Sections 304-B/34of the Indian Penal Code although cognizance has been taken under Section 306 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that his daughter Rima Devi was married to the petitioner in the year 2010 and on 22.06.2016 it was informed that his daughter has killed herself by hanging. She has one year old daughter and was four-five months pregnant.
It has been submitted by the learned counsel for the
Patna High Court Cr.Misc. No.27218 of 2017 (3) dt.28-08-2017 2/3 petitioner that he is innocent, bears no criminal history, has been falsely implicated in the aforesaid case along with all his family members, allegations are general and omnibus and during course of investigation it has come to light that both had a minor fight and the victim lady hanged herself and cognizance has also been taken under Section 306 of the Indian Penal Code. He submits that he was not present at the place of occurrence at that time and due to minor fight between the husband and wife, the victim committed suicide.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record and that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner as well as the period of custody, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge 6th, Kaimur at Bhabua, in connection with S.T. No. 78/2017, arising out of Chand P.S. Case No. 72/2016, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property within the
Patna High Court Cr.Misc. No.27218 of 2017 (3) dt.28-08-2017 3/3 jurisdiction of the concerned police station/ court, who will file an affidavit stating his relationship with the petitioner and that petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.
(Nilu Agrawal, J) Rajesh/- U T