Pawan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.783 of 2015 ====================================================== Pawan Yadav son of Siya Sharan Yadav, resident of Village-Saidpur, P.S.- Mansi, District-Khagaria .... .... Petitioner

Versus

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

For the Petitioner : Mr. Awadhesh Kumar For the Opposite Party : Mr. Ramshankar Das(Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-01-2015 Petitioner is languishing in custody since 18.10.2014 in a case registered for the offences punishable under Sections 364/34, 302, 201 of the I.P.C and Section 2(V) of the SC & ST(Prevention of Atrocities)Act.

It is alleged that the informant lodged Khagaria SC/ST P.S. Case No. 23 of 2014 against the petitioner and others. The wife of the informant after attending the Court proceeding was returning on 08.07.2014 and thereafter she went traceless. Hence, it was alleged that petitioner and others might have killed the wife of the informant. Subsequently the dead body of the informant's wife was recovered. It is submitted by learned counsel for the petitioner that for the occurrence of 08.07.2014 the F.I.R. has been registered on 11.07.2014 and after perusal of the case diary the In-charge, Sessions Judge, Khagaria granted bail to the accused persons which suggests that there is no eye witness to the occurrence nor anyone seen the petitioner in the

Patna High Court Cr.Misc. No.783 of 2015 (2) dt.09-01-2015 2/2 company of the victim or near the P.O. Though some witnesses have stated in the case diary that they had seen the deceased and the accused persons in the Court premises and accused were telling that they would kill the informant's wife. Considering the suspicious nature of accusation levelled in the background of litigated relationship, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Khagaria(Chitragupta Nagar) P.S. Case No. 438 of 2014. (Dinesh Kumar Singh, J) Shageer/- U T