Yadunath Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33834 of 2017 Arising Out of PS.Case No. -66 Year- 2017 Thana -BANIAPUR District- SARAN ====================================================== Yadunath Rai Son of Late Mukhlal Rai, R/o Village- Rajouli, P.S.- Baniapur, District- Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 01-09-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 04.05.2017 in connection with Baniapur P.S. Case No. 66 of 2017 registered for the offence punishable under Sections 302 and 201/34 of the Indian Penal Code.

The prosecution case is, as lodged by the informant, is that when he went to the matrimonial village of his sister, Putul Devi, he found that she has been killed and her dead body was being cremated. It is alleged that on account of non-fulfilment of demand of fridge, colour T.V.,

Patna High Court Cr.Misc. No.33834 of 2017 (3) dt.01-09-2017 2/3 washing machine and other items, she has been killed by the petitioner, who is the father-in-law, Anirudh Rai- husband and other in-laws of the deceased.

It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case. In fact, he was not even present in the village and had gone out to work in Kolkata, as stated by the independent witness in paragraph 14 of the case diary. He submits that some of the named accused persons have already been granted pre-arrest bail by a coordinate Bench of this Court in Cr. Misc. No. 31673 of 2017 on 13.07.2017 and that the allegations are general and omnibus against all the accused persons.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial

Patna High Court Cr.Misc. No.33834 of 2017 (3) dt.01-09-2017 3/3 Magistrate-11th, Saran at Chapra in connection with Baniapur P.S. Case No. 66 of 2017.

(Nilu Agrawal, J.) Arjun/- U T