Navin Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.43603 of 2016 (3) dt.15-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43603 of 2016 Arising Out of PS.Case No. -33 Year- 2016 Thana -BELDOUR District- KHAGARIA ====================================================== Navin Yadav, s/o Dhano Yadav, r/v - Sherbasa, P.S. - Beldour, Distt - Khagaria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satish Chandra, Adv. For the Opposite Party/s : Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-12-2016 Heard both sides.

The petitioner seeks bail in Beldour P.S. Case No. 33/2016, registered for the offences punishable under Sections 302, 120B and 34 of the Indian Penal Code.

The informant alleged that he gave Rs. 10/- to his daughter Usha. His daughter did not return to the house. On the next day, dead-body of his daughter was found in a dig of Bablu Yadav. The dead-body bore different injuries. Learned counsel for the informant suspected that the petitioner killed his daughter, but the informant is not an eyewitness of the occurrence. During the course of investigation, it appears that there is no eye-witness of the occurrence. Save and except suspicion there is no material in the case diary. Learned A.P.P. pointed out that in para 43 of the case

Patna High Court Cr.Misc. No.43603 of 2016 (3) dt.15-12-2016 diary; witnesses saw the petitioner and others talking with the deceased.

It appears that the informant named the petitioner on mere suspicion. Save and except suspicion there is no material to show that the petitioner killed the daughter of the informant. Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate Ist Class, Khagaria in connection with Beldour P.S. Case No. 33/2016. (Prabhat Kumar Jha, J.) Vinita/- U T