Patna High CourtCR. MISC./29352/2016bail granted

Gopal Yadav v. The State Of Bihar

2016-09-23Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29352 of 2016 Arising Out of PS.Case No. -120 Year- 2016 Thana -DIHRINAGAR District- SASARAM (ROHTAS) ====================================================== Gopal Yadav, son of Ram Janam Yadav, resident of Village - Hata Bajar, P.S. - Chainpur, District - Kaimur at Bhabua, .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Akhileshwar Pd. Singh, Sr. Advocate. For the Opposite Party : Mr. Pawan Kumar Chaurasiya, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-09-2016 Heard learned senior counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 15.03.2016 in connection with Dehri P.S. Case No. 120 of 2016 for the offences instituted under Sections 363 and 364(A) of the IPC. The prosecution story, in brief, is that on 01.03.2016 the informant's son alongwith his friend went to Varanashi to attend the marriage ceremony by personal vehicle but they had not returned to home. The informant searched them, but he did not found anywhere about them.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 15.03.2016 and the charge sheet has

Patna High Court Cr.Misc. No.29352 of 2016 (4) dt.23-09-2016 2/2 been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. He is not named in the FIR. In 161 Cr.P.C. statement of the victim, a suspicion has been raised against the petitioner. There is a previous enmity between the parties. No 164 Cr. P.C. statement of the victim has been recorded by the prosecution. On behalf of the State, it has been submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Dehri, Rohtas at Sasaram in connection with Dehri P.S. Case No. 120 of 2016.

U.K./- (Sudhir Singh, J) U T