Amod Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35009 of 2020 Arising Out of PS. Case No.-174 Year-2020 Thana- PHULPARAS District- Madhubani ====================================================== AMOD KUMAR YADAV Son of Late Ramu Yadav Resident of VillageSisauni, P.S.- Phulparas, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hriday Narayan Harshit For the Opposite Party/s :

Ms.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-02-2021 Heard the learned counsel for the petitioner and Ms. Anita Kumari Singh, the learned APP for the State. The petitioner seeks regular bail in connection with Phulparas PS case no. 174 of 2020 instituted for the offences punishable under Sections 304(B), 201/34 of Indian Penal Code. The accusation is regarding the petitioner, who is the husband of the deceased victim lady, having done her to death. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 30.04.2020. The learned counsel for the petitioner has further submitted that the fact is that the death of the deceased took place on account of electric shock. Per contra, the learned A.P.P. for the State has

Patna High Court CR. MISC. No.35009 of 2020(3) dt.03-02-2021 2/2 vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also those available in the case diary (specially in paragraphs no. 21 and 22), it appears that the deceased was lying in her house after she had been electrocuted, whereupon the villagers had arrived there and then the husband and the mother-inlaw of the deceased victim lady were called. It is also apparent from the statement made by the witnesses that the deceased had died on account of electric shock, whereafter her in-laws and the petitioner had informed the informant about the said occurrence and then the informant along with others had arrived at the house of the petitioner.

Considering the fact that miniscule evidence is available on record to show any sort of complicity of the petitioner in the alleged occurrence, I deem it fit and proper to enlarge the abovenamed petitioner on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Jhanjharpur, Madhubani in connection with Phulparas PS case no. 174 of 2020.