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Patna High CourtCR. MISC./13088/2020allowed

Jai Ram Yadav v. The State Of Bihar

2020-10-12Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13088 of 2020 Arising Out of PS. Case No.-111 Year-2019 Thana- KAJRA District- Lakhisarai ====================================================== Jai Ram Yadav, aged about 25 years, Male, S/O Janak Yadav, R/o Village Naya Tola Sirighana, P.S. - Kajra, District - Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Murari Mishra, Advocate For the State :

Mrs.Rina Sinha, A.P.P,.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-10-2020 Heard the parties through the virtual court proceeding.

The petitioner seeks bail in connection with Kajra P.S. Case No. 111 of 2019 registered for the offences punishable under Sections 304 (B)/341/328 of the Indian Penal Code. The prosecution story in brief is that the informant given written information alleging therein that his sister Annu Devi was marriage with the petitioner on 24.10.2016 and from the said bed lock there is two sons namely Aditya aged about one and half year and Amit aged about one and half month. It is further alleged that since the marriage, the petitioner was putting pressure upon the sister of the informant to bring Rs.

Patna High Court CR. MISC. No.13088 of 2020(7) dt.12-10-2020 2/3 One Lakh and also torture her. It is also alleged that on 28.10.2019, his sister asked to the petitioner to go to her naihar for worship but the petitioner refused as a result of which there was quarrel between the petitioner and his sister which his sister has informed him at about 8 pm. It is further alleged that at about 11 p.m., the petitioner informed him that his sister has been died upon which the informant reached and found that his sister is lying dead. The informant has suspected that the petitioner and other have killed his sister by giving poison. On the basis of the same, instant case was lodged against the petitioner and three others.

Learned counsel for the petitioner submits that the petitioner is the husband of the deceased and is innocent and has falsely been implicated in the present case. By order dated 27.08.2020, a report was called for from the court below regarding framing of the charge. The report is enclosed at Flag 'A' in which the court below has submitted that the charge has not been framed till date. Learned A.P.P. for the State opposed the bail petition. In the facts and circumstances of the case, let the

Patna High Court CR. MISC. No.13088 of 2020(7) dt.12-10-2020 3/3 above named petitioner be enlarged on bail after framing of charge on furnishing bail bond of Rs. 25,000/- (twenty five thousand) only with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Kajra P.S. Case No. 111 of 2019. (Anjani Kumar Sharan, J) Nasimul/- U T