Naresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53125 of 2016 Arising Out of PS.Case No. -117 Year- 2016 Thana -HASANPUR District- SAMASTIPUR ====================================================== Naresh Yadav S/o Jangi Lal Yadav Resident of Village- Daath, Police Station- Rosera, District- Samastipur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Abhimanyu Sharma For the Opposite Party/s : Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-12-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Section 302/34 of the Indian Penal Code.

The allegation against the petitioner is that he along with his family members have committed murder of the deceased, who was the first wife of the petitioner and thereafter fled away. It has been submitted on behalf of the petitioner that the petitioner is in custody since 06.09.2016. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no specific allegation

Patna High Court Cr.Misc. No.53125 of 2016 (2) dt.08-12-2016 2/2 against the petitioner. A petition has been filed on behalf of the informant in the court below vide Annexure-2 to the present application stating that the case has been instituted due to mistake of fact.

On behalf of the state, it has been submitted that the petitioner is 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 A.C.J.M., Rosera, Samastipur, in connection with Hasanpur P.S. Case No. 117 of 2016.

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