Anil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 11403 of 2018 Arising Out of PS.Case No. -156 Year- 2017 Thana -RAFIGANJ District- AURANGABAD ====================================================== Anil Yadav S/o Bigan Yadav Resident of Village- Mahtha, P.S. Fesar, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Krishna Prasad Singh, Sr Advocate with Mr Bhaskar Shankar, Advocate For the S t a t e : Mr. Binod Kumar 3, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 05-04-2018 Heard learned Senior Counsel for the petitioner and the learned APP for the State.

Petitioner seeks bail in a case registered under Section 304B/34 of Indian Penal Code.

It is submitted on behalf of the petitioner that the first information report itself shows that intimation regarding the occurrence was communicated to the informant by the brother-inlaw (Bhainsur) of the deceased. It is submitted that the petitioner is the Bahnoi of the deceased and has falsely been implicated in this case. There is no specific allegation against the petitioner and that the petitioner has no concern with the mess and property of the deceased and her husband and their day-to-day life. It is also

Patna High Court Cr.Misc. No.11403 of 2018 (3) dt.05-04-2018 2/2 submitted that there is no external injury which can be said to have caused the death of the deceased. The petitioner is a man of clean antecedent and is in custody since 14.11.2017. Considering the aforesaid submission, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in Rafiganj Police Station Case No 156 of 2017 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T