Mordhwaj Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.79643 of 2018 Arising Out of PS. Case No.-48 Year-2018 Thana- TEYAR District- Bhojpur ====================================================== Mordhwaj Yadav S/o Arun Yadav R/v-barahar Tola, P.S-Jagdishpur,Distt.- Bhojpur at Ara ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajendra Singh For the Opposite Party/s :
Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-02-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Tiyar P.S. Case No. 48/2018 registered for the offence punishable under Sections 302, 201, 120(b)/34 of the Indian Penal Code.
Informant has alleged that her daughter, Manju Devi was married with Bikram Singh in the year 2009 and two children were born from the said wedlock. On 17.07.2018, she came to know that her daughter is dead. When the informant went there, her daughter was already cremated. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. He is not named in the F.I.R. and there is no specific allegation against the petitioner. Petitioner has got no criminal antecedent and is in custody since 27.08.2018. Similarly placed co-accused
Patna High Court Cr.Misc. No.79643 of 2018(3) dt.05-02-2019 2/2 Shashi Kapoor Singh @ Shashi Kapoor has already been granted bail by a co-ordinate Bench of this Court vide order dated 18.12.2018 passed in Cr. Misc. No.74810 of 2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate1st Class, Bhojpur (Ara) in connection with Tiyar P.S. Case No. 48/2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Sanjay/- U T