Sujit @ Budhan Yadav v. The State Of Bihar
Patna High Court Cr.Misc. No.44600 of 2016 (4) dt.10-01-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44600 of 2016 Arising Out of PS.Case No. -22 Year- 2012 Thana -ROSHANGAANJ District- GAYA ======================================================
1. Sujit @ Budhan Yadav S/o Fulchand Yadav resident of Village-Sagdiha, P.S.-Raushanganj, District-Gaya .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 10.01.2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.
Petitioner seeks bail in a case registered under sections 302, 201/34 of the Indian Penal Code.
Informant is not an eye-witness of the alleged occurrence and marriage of the deceased had taken place with the petitioner in the year 2000 and admittedly, she died in the year 2012 i.e. after 12 years of the marriage. Moreover, first information report goes to show that the deceased died along with her daughter.
The claim of the petitioner is that deceased along with her daughter died accidentally and after giving proper information to the informant, dead bodies were cremated. It is further submitted that when the informant realized his fault, he filed petition before the court below but learned court below rejected bail prayer of the petitioner on the ground that police submitted charge sheet showing him absconder.
Patna High Court Cr.Misc. No.44600 of 2016 (4) dt.10-01-2017 Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge I, Gaya in Sessions Trial no. 350 of 2016/ 171 of 2016 arising out of Raushanganj P.S. Case no. 22/2012.
shahid (Hemant Kumar Srivastava,J) U T