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Patna High CourtCR. MISC./54177/2016bail granted

Nawal Kishore Yadav v. The State Of Bihar

2016-12-21Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54177 of 2016 Arising Out of PS.Case No. -105 Year- 2016 Thana -CHAUSA District- MADHEPURA ====================================================== Nawal Kishore Yadav, Son of Late Nageshwar Yadav, Resident of Village- Parsi Ward No. 2, Police Station Gwalpara (Arar), DistrictMadhepura. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Shailendra Kumar Singh, Advocate. For the Opposite Party/s : Mr. Ashok Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 21-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner, who is in custody, seeks bail in connection with Chausa P.S.Case No. 105 of 2016 registered under Sections 363, 366-A, 120-B and 307 of the Indian penal Code.

Prosecution case, in brief, is that the petitioner is the informant of this case, but later on, he has been made accused. It is alleged that it is a case of honour killing as he killed his daughter with the assistance of other co-accused.

Learned counsel for the petitioner submits that the allegation is false and fabricated as the petitioner had lodged the FIR against three named persons and his daughter was found

Patna High Court Cr.Misc. No.54177 of 2016 (2) dt.21-12-2016 2/2 thrown by the side of the highway in unconscious condition, later on, she was admitted in the hospital by the police where she disclosed her parentage and address, but no statement of the girl was recorded by the police regarding the incident and merely on the basis of the confessional statement, this petitioner has been made accused moreover he has got no criminal antecedent. It is submitted that the charge sheet has also been submitted in this case and the petitioner has been in custody since 22.07.2016. Considering the aforementioned facts and circumstances, the petitioner, named above, is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Sri Ashok Kumar-II, Judicial Magistrate, 1st Class, Udakishunganj, Madhepura in connection with Chausa P.S. Case No. 105 of 2016. (Arun Kumar, J) Sujit/- U