Pankaj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32091 of 2020 Arising Out of PS. Case No.-42 Year-2020 Thana- SINGHWARA District- Darbhanga ====================================================== Pankaj Kumar Yadav S/o Ram Sewak Yadav Resident of Village-Asthua, P.S.- Sainghwara, District-Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ramchandra Singh, APP For the Informant :

Mr. Sanjiv Sharan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-03-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 302/34 of the Indian Penal Code.

Daughter of the informant, aged about 20 years, was found missing from the house on 29.03.2020. In the morning of 20th of March, 2020 her dead body was found floating in water pool. Suspicion was raised against the petitioner of commission of murder as the petitioner had expressed his desire to marry with the deceased or to commit murder of the informant as well as the deceased. The doctor has found a case of asphyxial death

Patna High Court CR. MISC. No.32091 of 2020(3) dt.17-03-2021 2/3 due to drowning.

Learned counsel for the petitioner submits that the petitioner is in custody since 21.05.2020. There is no direct material against the petitioner.

Learned counsel for the informant opposed the prayer for bail on the basis of material in the case-diary that the petitioner had talked with the deceased for several times before her death. However, what was the talk between the two has not been brought during investigation. Hence, there is lack of material that the petitioner was responsible for abetment to commit suicide.

Considering the lack of material against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Courtbelow where the case is pending in connection with Singhwara P.S. Case No.42 of 2020, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

Patna High Court CR. MISC. No.32091 of 2020(3) dt.17-03-2021 3/3 (c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T