Sudhir Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40194 of 2021 Arising Out of PS. Case No.-17 Year-2021 Thana- HAYAGHAT District- Darbhanga ====================================================== SUDHIR YADAV S/o- Late Ram Narain Yadav @ Late Ram Narain Rai Residence of Mohalla/Village- Kothra, P.S.- Hayaghat, District- Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kedar Jha, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-03-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 and 34 of the Indian Penal Code.

As per the prosecution case, it is stated by the informant that his sister was married to the petitioner herein in the year 2004. However, subsequently the petitioner entered into a second marriage. The accused persons started to torture the informant's sister and ultimately she was done to death by strangulation.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case only for the reason that he is the husband of the deceased. The allegations levelled in the FIR are falsified by the contents of

Patna High Court CR. MISC. No.40194 of 2021(4) dt.07-03-2022 2/2 the postmortem report wherein no injury whatsoever has been found on the body of the deceased and even the opinion with respect to cause of death has been reserved. The petitioner is in custody since 28.1.2021 and undertakes to cooperate in the trial. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the material that has transpired in course of investigation and also the contents of the postmortem report, the petitioner is directed to be enlarged on bail in connection with Hayaghat P.S. Case no. 17 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga. (Partha Sarthy, J) Spd/- U T