Pintu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25470 of 2022 Arising Out of PS. Case No.-91 Year-2021 Thana- DAGARUA District- Purnia ====================================================== Pintu Yadav, S/O Late Bishwanath Yadav, R/o village- Saura, P.S.- Dagarua, District- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
None For the Opposite Party/s :
Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-09-2022 None appears on behalf of the petitioner. Mr.Bharat Bhushan, learned APP for the State is present through virtual mode.
Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The petitioner is in judicial custody in connection with Dagarua P.S. Case No.91 of 2021 instituted under Sections 302, 201/34 of the Indian Penal Code.
As per the FIR, the informant alleged that on 23.03.2021 a quarrel happened between her father-in-law and her husband. During the said quarrel, her father-in-law, motherin-law and her brother-in-law told her husband that the couple cannot stay in the house. Her husband took her back to her father's house (Naihar) and he returned back to his house.
Patna High Court CR. MISC. No.25470 of 2022(3) dt.30-09-2022 2/3 Further allegation is that her father-in-law, mother-in-law and brother-in-law committed murder of her husband. She was informed by outsiders that on 26.03.2021 at about it. Accordingly, the FIR was lodged.
As per the averment made in the bail application, there is only suspicion and no specific allegation against the petitioner who is brother of the deceased. It has further been averred that the deceased was a labour and due to lock-down, he was unemployed and as his financial condition was very bad, he committed suicide.
Be that as it may, the petitioner is in custody since10.01.2022, do not have any criminal antecedent, chargesheet stands submitted and ultimately has to face the Trial, this Court is inclined to grant him privilege of bail. Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Dagarua P.S. Case No.91 of 2021 to the satisfaction of learned Chief Judicial Magistrate, Purnea, subject to following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
Patna High Court CR. MISC. No.25470 of 2022(3) dt.30-09-2022 3/3 (ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Prakash Narayan /- U T