Ranjit Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.5226 of 2017 (3) dt.30-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5226 of 2017 Arising Out of PS.Case No. -97 Year- 2016 Thana -SHAMBHUGANJ District- BANKA ====================================================== Ranjit Yadav, Son of Late Dev Nandan Yadav @ Devan Yadav, Resident of Village- Jhajha (Kenduar), P.S.- Phullidumar, District- Banka. .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar Jha For the Opposite Party/s : Mr. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Shambhuganj P.S. Case No. 97 of 2016 registered for the offences punishable under Sections 302, 201, 120B/34 of the Indian Penal Code. Allegedly, Sanjeev Kumar, the son of the informant went to attend Barat but did not return and his mobile was also found switched off. Thereafter, his dead body was recovered having injury on head and chin. During investigation it transpires that the deceased was having love affairs with one Rachna Kumari which was not liked by her family members and the deceased went at the house of Rachna Kumari and then he was killed by her family members including the petitioner.

Submission is of false implication and that besides

Patna High Court Cr.Misc. No.5226 of 2017 (3) dt.30-03-2017 suspicion there is nothing against the petitioner, no one has seen the actual killing, the petitioner is the uncle of Rachna KUmari, the petitioner has never caused threats to the deceased or his family members, no one has seen the petitioner in the company of the deceased. The petitioner is in custody since 29.07.2016 and as such he deserves sympathetic consideration.

Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, considering that there is no direct evidence against the petitioner, 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 learned S.D.J.M., Banka in connection with Shambhuganj P.S. Case No. 97 of 2016, subject to the conditions that one of the bailors must be a 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.

(Jitendra Mohan Sharma, J) avin/- U T