Navlesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72881 of 2018 Arising Out of PS. Case No.-230 Year-2016 Thana- FATEHPUR District- Gaya ====================================================== Navlesh Yadav Son of Bachu Prasad Yadav, Resident of Village-Bherwa, P.S.- Fatehpur, District-Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha For the Opposite Party/s :

Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-02-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Fatehpur P.S. Case No. 230 of 2016 instituted for the offence under Section(s) 304(B)/328/201/34 of the Indian Penal Code. Petitioner is the husband of the deceased.

Learned counsel for the petitioner submits that petitioner is not named in the written report. In the written report, there is allegation against other family members of the deceased of killing the daughter of the informant by administering poison and disposing of the dead body by sprinkling kerosene oil.

Case diary has been received.

Learned counsel for petitioner submits that independent witnesses in paragraph nos. 6,7 and 8 of the case diary have stated

Patna High Court Cr.Misc. No.72881 of 2018(5) dt.21-02-2019 2/2 that on the date of occurrence the deceased has altercation with her Gotani, Rinku Devi, and out of sheer frustration she herself jumped into the well and committed suicide.

Learned APP for State has submitted that witnesses in paragraph nos. 6,7 and 8 has made such statement. Learned counsel for petitioner has submitted that no any witness in the case diary has alleged any allegation of specific overt act against this petitioner. Learned counsel has mentioned in paragraph 10 of the bail petition that on the date of occurrence the petitioner was in Gujarat.

Petitioner is in custody since 4.09.2018.

Considering the aforesaid, 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 the learned Additional Chief Judicial Magistrate-X, Gaya in connection with Fatehpur P.S. Case No. 230 of 2016, subject to the condition that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/mu keshU T