Ramhit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67268 of 2018 Arising Out of PS. Case No.-87 Year-2018 Thana- SAHARGHAT District- Madhubani ====================================================== Ramhit Yadav Son of Late Mukhai Yadav Resident of Village-Bokaha,P.S. Saharghat,Distt.-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav For the Opposite Party/s :

Mr. Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner, counsel for the informant and the State.

The petitioner seeks bail in Saharghat P.S. Case No. 87 of 2018 instituted for the offence under Sections 302/34 of Indian Penal Code.

In the written report it is alleged that daughter of informant was married with Sunil Yadav about 15 years back. She was tortured in her sasural by her parents-in-law. It is further alleged that husband of the deceased Sunil Yadav came to the house of informant to bring household articles and grains from the informant. The informant along with Sunil Yadav went to Matrimonial home of Sunita Devi and found her dead body lying on the ground. The villagers informed that dead body of his daughter was hanging in another room. The petitioner who is

Patna High Court Cr.Misc. No.67268 of 2018(3) dt.17-12-2018 2/3 father-in-law after cutting rope, kept the dead body in other room and fled away.

From the written report it appears that husband has not been made accused in this case. It is mentioned in the written report that when informant reached sasural of his daughter he was informed that the dead body of his daughter was hanging with rope in other room.

Counsel for the petitioner submits that victim has committed suicide. The co-accused Sundari Devi who is mother-in-law of the deceased has already been granted bail by coordinate Bench of this Court vide order dated 4.12.2018 passed in Cr. Misc. 67361 of 2018.

Case diary has been received.

Post mortem report is available in the case diary wherein the Doctor has opined the cause of death on account of strangulation due to asphyxia.

Petitioner is father-in-law of the deceased. There is no motive attributed to him of committing murder of his daughter-in-law.

Petitioner is in custody since 28.7.2018 having no criminal antecedent.

Counsel for the informant has appeared and

Patna High Court Cr.Misc. No.67268 of 2018(3) dt.17-12-2018 3/3 opposed the prayer for bail.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. III, Madhubani, in connection with Saharghat P.S. Case No. 87 of 2018, subject to the condition that both the bailors will be close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T