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Patna High CourtCR. MISC./3392/2017bail granted

Krishna Yadav v. The State Of Bihar

2017-03-02Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3392 of 2017 Arising Out of PS.Case No. -199 Year- 2016 Thana -ROSERA District- SAMASTIPUR ====================================================== Krishna Yadav, son of Kokai Yadav, resident of village-Dhardha, Police Station-Rosera, District-Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 02-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Rosera P.S. Case No.199 of 2016 registered under Section 364 of the Indian Penal Code.

The accusation of the informant Hare Krishna Yadav is that his son-in-law Dilip Yadav had filed Divorce Case No.48 of 2014 in the court of the Principal Judge, Family Court, Samastipur against his daughter Puja Devi and his daughter had also filed Complaint Case No.375 of 2014 in the court of the Sub Divisional Judicial Magistrate, Samastipur. After compromise, Puja Devi, the daughter of the informant, was taken on 28.06.2016 by her husband to her matrimonial house. Thereafter, on 06.07.2016, the

Patna High Court Cr.Misc. No.3392 of 2017 (3) dt.02-03-2017 2/3 informant came to know that his daughter has been taken by his son-in-law and his other family member under conspiracy to kill her and after killing her, disposed of her dead body. When on 11.07.2016, the son-in-law of the informant did not come in the court with his daughter, then he came in belief that his daughter has been killed and her dead body has been disposed of. Learned counsel appearing on behalf of the petitioner submits that the petitioner is the brother-in-law (dewar) of the deceased, the daughter of the informant, and he used to reside separate with the husband of the daughter of the informant but with an ulterior motive, the petitioner has also falsely been implicated in this case. Further submission is that except suspicion raised by the informant, nothing has been collected by the Investigating Officer, during the course of investigation, showing the involvement of this petitioner in the alleged murder of the daughter of the informant. The petitioner is in custody since 03.08.2016.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Rosera, in connection with

Patna High Court Cr.Misc. No.3392 of 2017 (3) dt.02-03-2017 3/3 Rosera P.S. Case No.199 of 2016.

(Rajendra Kumar Mishra, J) P.S./- U T