Jagdish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71206 of 2018 Arising Out of PS. Case No.-218 Year-2016 Thana- RAJAOLI District- Nawada ====================================================== Jagdish Yadav, Son of Late Etwari Yadav, Resident of Village Amawan, P.S.- Rajauli, District- Nawada.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hansraj For the Opposite Party/s :

Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-12-2018 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Rajauli P. S. Case No. 218/2016 instituted for the offence under Section(s) 302/34 Indian Penal Code.

Learned counsel for petitioner submits that there is general and omnibus allegation against this petitioner that he along with other accused persons as named in the written report assaulted the pregnant wife of the informant with fist, slap and leg etc. who subsequently died in the hospital during course of treatment.

The postmortem report of the deceased has been annexed as Annexure-2 to the bail petition which shows rupture in the vertical Rt. Side on the abdomen and 8th month dead

Patna High Court Cr.Misc. No.71206 of 2018(2) dt.10-12-2018 2/2 male foetus in the abdominal cavity came out from the uterus. Learned counsel for petitioner submits that victim died due to complication of pregnancy. It is further submitted that co accused of this case has already been granted regular bail by co-ordinate Bench of this Court vide Cr. Misc. no. 49698 of 2017.

The petitioner is in custody since 24.8.2018 having no criminal antecedent.

Considering the aforesaid, 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 CJM, Nawada, in connection with Rajauli P. S. Case No. 218/2016 subject to the condition that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) shyambihari/- U T