Farjun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19191 of 2018 Arising Out of PS.Case No. -184 Year- 2017 Thana -BALRAMPUR District- KATIHAR ======================================================

1. Farjun Yadav, Son of Bachcha Yadav, Resident of Village - Fatehpur, P.S. Balrampur (Telta), District - Katihar.

.... .... Petitioner

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Birendra Kumar For the Opposite Party/s : Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 302 of the Indian Penal Code. Petitioner is suspected to have committed murder of his wife. The petitioner was arrested in this case on the date of occurrence itself and he confessed before the police that he has committed the murder by cutting the throat of the wife for the reason that she was in relationship with some other person. On the confession of the petitioner, the knife used was recovered from nearby place where the dead body was recovered on the same day. Submission is that there is no witness of the occurrence nor there is other material to substantiate the allegation against the petitioner, save and except, the confessional statement

Patna High Court Cr.Misc. No.19191 of 2018 (4) dt.19-07-2018 2/2 before the police while in police custody which is no evidence in the eye of law. Moreover, the petitioner has got no criminal antecedent and is in custody since 07.10.2017. Considering the entire material aforesaid, let the petitioner, above named, be released on bail after framing of the charge or completion of one year of custody whichever is earlier on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Balrampur (Telta) Police Station Case No. 184 of 2017, subject to the condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner as well as condition that both the bailors shall be resident of within the territorial jurisdiction of the learned court below.

(Birendra Kumar, J) Kundan/- U T