Krishna Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.14046 of 2016 (3) dt.12-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14046 of 2016 Arising Out of PS.Case No. -13 Year- 2015 Thana -ANTI District- GAYA ======================================================

1. Krishna Yadav son of Sheo Pujan Yadav, resident of village- Rajaoura, P.S.- Rafiganj, District- Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. Md. Ataur Rahman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-05-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Anti P.S. Case No. 13 of 2015, S. T. Nos. 09 of 2016 and 46 of 2016 registered for the offence punishable under Section 302/34 of the Indian Penal Code.

Allegedly, the widow sister-in-law (Nanad) of the informant was living with the informant and the petitioner and coaccused Umesh Yadav were demanding some land from widow sister-in-law and then on the date of occurrence they came with three un-known persons and three un-known persons stayed at the house of the informant and in the night they killed the widow sister-in-law of the informant and fled away. Submission is of false implication due to suspicion, the petitioner has got no criminal antecedent, as per statement of the informant and her husband, at the time of occurrence, the

Patna High Court Cr.Misc. No.14046 of 2016 (3) dt.12-05-2016 petitioner was not there and without any legal and tangible material, the petitioner is suffering in custody since 07.09.2015 after his surrender in the light of direction given in Cri. Misc. No. 34338 of 2015 and, as such, he deserves sympathetic consideration. Chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence. The learned A.P.P. opposes the prayer of bail. In the facts and circumstances stated above, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Session Judge, IV at Gaya in connection with S.T. Nos. 9 of 2016 and 46 of 2016 arising out of Anti P.S. Case No.

13 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.