Tulsi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24428 of 2019 Arising Out of PS. Case No.-261 Year-2017 Thana- CHHAURADANO District- East Champaran ====================================================== TULSI YADAV Son of Chandan Rai, Resident of Village- Ekdari, P.S.- Chhauradano, District- East Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Choudhary, Advocate Mr. Bhola Kumar, Advocate Mr. Akshansh Ankit, Advocate For the State :

Ms. Gulnar Begum, A.P.P.

====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 17-04-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 14.01.2018 in connection with Chhauradano P.S. Case No. 261/2017 registered for the offence punishable under Sections 302/201/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that though the application for bail was earlier rejected, the petitioner seeks to renew his prayer for bail on the grounds which are quite specious and deserve consideration by this Court. He further submits that earlier the prayer for bail was rejected as the body of the deceased girl was allegedly recovered from the cattleshed of the petitioner, but the entire allegation was based on mere suspicion and the petitioner had no differences whatsoever

Patna High Court CR. MISC. No.24428 of 2019(2) dt.17-04-2019 2/3 with the deceased girl. It is further submitted that the independent witnesses who had deposed in the case have categorically submitted that there was virtually no difference between the petitioner and the deceased girl so as to occasion such an act on behalf of the petitioner. Learned counsel for the petitioner submits that the petitioner is willing to appear in the Court as and when required and in view of the period of custody, he may be extended the privilege of bail. Having considered the entire facts and circumstances and that taking into consideration the statement made by the witnesses during the course of the trial, let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Session Judge, East Champaran at Motihari, in connection with Chhauradano P.S. Case No. 261/2017, subject to the following conditions:

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of

Patna High Court CR. MISC. No.24428 of 2019(2) dt.17-04-2019 3/3 failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) Saif/- U T