Jyotish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39768 of 2019 Arising Out of PS. Case No.-1 Year-2019 Thana- DHANKUND District- Banka ====================================================== 1.

JYOTISH YADAV, S/o Late Jaldhar Yadav, 2.

Janki Devi, W/o Kanna Yadav, R/o village- Katahara, P.S.- Dhankund, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Shashi Shekhar Kishore For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 27-08-2019 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in Dhankund P.S. Case No.01 of 2019 instituted for the offence under Section(s) 302, 120-B Indian Penal Code.

Counsel for the petitioners submits that there is no eye witness in the case. Petitioner No.1 is father-in-law and petitioner No.2 is wife of the deceased.

In the written report, it is alleged that brother of the informant was married with petitioner No.2. Altercation took place between petitioner No.2 and her husband (brother of the informant). It is alleged that petitioner No.2 refused to live with her husband. It is further alleged that on 31.12.2018, the

Patna High Court CR. MISC. No.39768 of 2019(3) dt.27-08-2019 2/2 informant got information that his brother has been done to death by the petitioners. The informant went to Sasural of his brother and found his brother lying dead on a cot. Counsel for the petitioners submits that in the postmortem report no injury was found. The doctor could not give definite cause of death. Visceras were preserved. Petitioners are in custody since 02.01.2019.

In the facts and circumstances of the case, prayer of the petitioners for grant of bail is allowed. Let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka, in connection with Dhankund P.S. Case No.01 of 2019, subject to the condition that both the bailors shall be close relative of the petitioners.

(Sanjay Priya, J) J. Alam/- U T