Dipu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47396 of 2018 Arising Out of PS. Case No.-100 Year-2018 Thana- PHULWARIYA District- Gopalganj ====================================================== Dipu Yadav, Son of Late Subhash Yadav, Resident of Village- Gidaha, P.S.- Phulwaria, District- Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harendra Prasad For the Opposite Party/s :

Mr. Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-10-2018 Heard learned counsel for the petitioner.

Petitioner prays for bail in connection with Fulwaria P.S.Case No. 100 of 2018 registered for the offences punishable under Sections 302 and 328 of the Indian Penal Code. Allegation against the petitioner is of causing death of his wife.

Submission of learned counsel for the petitioner is that FIR has been lodged by Chaukidar of the village and even the father and mother of the deceased have not come forward to lodge the case and as she was suffering from disease she committed suicide by consuming poison and petitioner is in custody since 5.5.2018.

Heard learned APP also, who has opposed the prayer for bail stating that in viscera report Aluminum phosphate was

Patna High Court Cr.Misc. No.47396 of 2018(5) dt.31-10-2018 2/2 detected.

Having heard both sides and in the facts and circumstances and also considering the fact that none of her family members has come forward to lodge a case and there is case that she was suffering from disease and she committed suicide let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-XIII, Gopalganj, in connection with Fulwaria P.S.Case No. 100 of 2018, subject to the condition that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) spal/- U T