Patna High CourtCR. MISC./11555/2016bail granted

Deepak Kumar Yadav v. The State Of Bihar

2016-05-11Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11555 of 2016 Arising Out of PS.Case No. -99 Year- 2014 Thana -SIKTI District- ARRARIA ====================================================== Deepak Kumar Yadav Son of Sri Ramanand Yadav, Resident of villageThengapur, Pipra, P.S.- Sikti (Bardaha), District- Araria. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sunil Kumar, Advocate For the Opposite Party/s : Mr. Arun Kr. Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 11-05-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections 304(B), 201 and 120(B) of the Indian Penal Code. Petitioner, being husband of the deceased, is languishing in jail custody since 17.10.2014 and earlier the prayer of bail of the petitioner was rejected by this Court vide order dated 25.3.2015 passed in Cr. Misc. No.12232 of 2015. Submission on behalf of the petitioner is that altogether seven prosecution witnesses including the informant, who happens to be the father of the deceased have already been examined and in their deposition, they have not stated about torturing of the deceased rather they stated that the relation of the

Patna High Court Cr.Misc. No.11555 of 2016 (2) dt.11-05-2016 2/2 deceased with her in-laws including her husband was very cordial. Further submission on behalf of the petitioner is that the petitioner has been charged for the offence punishable under Section 304(B) of the I.P.C. and in the light of deposition of above stated witnesses, there is a very little charge of conviction of the petitioner in the present case. Moreover, there is nothing on the record to show that release of the petitioner shall tamper the prosecution case.

Considering the aforesaid facts and circumstances as well as period of detention of the petitioner in jail custody, 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 Sessions Judge, Araria in connection with S.T. Case No.184 of 2015 arising out of Sikti (Bardaha) P.S. Case No.99 of 2014.

(Hemant Kumar Srivastava, J) N.H./- U T