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Patna High CourtCR. MISC./76928/2018allowed

Upendra Yadav v. The State Of Bihar

2019-01-29Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76928 of 2018 Arising Out of PS. Case No.-56 Year-2018 Thana- SANHAULA District- Bhagalpur ====================================================== Upendra Yadav S/o Murlidhar Yadav @ Murli Yadav, Resident of VillageSakrama, P.S. Sanhaula, District- Bhagalpur, Pin- 813205. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Pramod Kumar Singh For the Opposite Party/s :

Mr. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-01-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The petitioner is in custody in connection with Sanhaula P.S. Case No. 56 of 2018 for the offences under Sections 304B/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent and he is in custody since 30.03.2018. He further submits that the petitioner has been made accused in the instant case only because of the fact that petitioner is the husband of the deceased and deceased died due to administering poison.

Learned counsel appearing on behalf of the informant submits that on account of illicit relation of deceased with one Kali Yadav, deceased was given poison and as a result of which

Patna High Court Cr.Misc. No.76928 of 2018(3) dt.29-01-2019 2/2 she died.

Considering the fact that petitioner has no criminal antecedent except suspicion there is no material against the petitioner, the Court is inclined to grant bail to the petitioner, let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Court of learned Sessions Judge, Bhagalpur in connection with Sessions Trial No. 471 of 2018 arising out of Sanhaula P.S. Case No. 56 of 2018. (Anil Kumar Upadhyay, J) mdrashid/- U T