Kishori Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47524 of 2016 Arising Out of PS.Case No. -315 Year- 2016 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ======================================================
1. Kishori Yadav Son of Late Jagdeo Yadav Resident of VillageMohaddipur, Police Station- Bihar, District- Nalanda. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raj Kishor Prasad For the Opposite Party/s : Mr. Sri Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-12-2016 Supplementary affidavit has been field on behalf of the petitioner. Let it be kept on record.
Heard the learned counsel for the petitioner and the learned A.P.P. representing the State.
The petitioner seeks anticipatory bail in connection with Bihar P.S. Case No. 315 of 2016 registered for the offences punishable under Sections 304(B) and 201/34 of the Indian Penal Code.
Sanju Devi, the daughter of the informant was married with Boorik Yadav about five years ago and out of the wedlock, there is a child aged about two years. Allegedly, Sanju Devi was being tortured due to non fulfillment of demand of
Patna High Court Cr.Misc. No.47524 of 2016 (2) dt.16-12-2016 2/3 motorcycle. The petitioner and others killed Sanju Devi and cremated her dead body.
In the supplementary affidavit, a copy of the application filed by the informant has been annexed wherein the informant has alleged that the petitioner and others are innocent and the case was lodged on the hearsay version. Submission is of false implication and that now, good sense has prevailed and the informant has filed petition in the court below showing innocence of the petitioner and others. The petitioner is the father-in-law., he is living separately since long, having no concerned with the deceased or her husband and, as such, the petitioner deserves sympathetic consideration. Learned A.P.P. submits that now, the informant is not supporting the prosecution version due to reason best known to him.
In the facts and circumstances stated above, now, the petitioner in case of his arrest or surrender before the court below within one month from the date of receipt / production of a copy of this order shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Bihar
Patna High Court Cr.Misc. No.47524 of 2016 (2) dt.16-12-2016 3/3 P.S. Case No. 315 of 2016, subject to the conditions as laid down in Section 438(2) of the Cr.P.C.
(Jitendra Mohan Sharma, J) ajaypd./- U T