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Patna High CourtCR. MISC./36345/2017bail granted

Nanhu Yadav v. The State Of Bihar

2017-10-04Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36345 of 2017 Arising Out of PS.Case No. -214 Year- 2016 Thana -LAURIYA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Nanhu Yadav S/o Late Jadu Yadav resident of village - Khekhariya, Tola Sugauli, P.S. - Lauriya, District - West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 04-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Lauriya P.S. Case No. 214/2016 for offences punishable under Sections 304-B, 201, 34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that his daughter Chanda Kumari was married to one Nand Yadav and was sent to her matrimonial home in March, 2016 after gauna. Thereafter her in-laws demanded motorcycle and he received information that his daughter has been killed by the in-laws of his daughter and dead body has been disposed off. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and he is

Patna High Court Cr.Misc. No.36345 of 2017 (3) dt.04-10-2017 2/2 the father-in-law of the deceased. He submits that general and omnibus allegation has been levelled and that independent witnesses have stated that the deceased died due to diarrhoea and the informant and his family members participated in the cremation. He further submits that the informant has filed an affidavit that due to mistake of fact false case has been lodged. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, 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 Chief Judicial Magistrate, West Champaran at Bettiah, in connection with Lauriya P.S. Case No. 214 of 2016, subject to the condition that petitioner will cooperate in the trial and 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