Kundan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5141 of 2016 Arising Out of PS.Case No. -99 Year- 2015 Thana -GWALPARA District- MADHEPURA ======================================================

1. Kundan Yadav S/o Satya Narain Yadav, Resident of village- Ramani, P.S.- Murliganj, District-Madhepura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailendra Kumar Singh For the Opposite Party/s : Mr. Durgesh Nandan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-03-2016 Heard the learned counsel for the petitioner and the learned A.P.P. representing the State.

The petitioner seeks bail in connection with Gwalpara P.S. Case No. 99 of 2015 registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.

First Information Report is against unknown.

During investigation, it transpires that the petitioner has called the deceased through his mobile and thereafter, the dead body of Rekha Devi was recovered kept in bag and from call details of mobile it also reveals that the petitioner has talked with the deceased before her death.

Submission is of false implication and that besides

Patna High Court Cr.Misc. No.5141 of 2016 (3) dt.30-03-2016 2/2 suspicion, there is nothing against the petitioner, there is no eyewitness of the occurrence, without any legal and tangible material the petitioner is suffering in custody since 30.11.2015. Charge-sheet has already been submitted and there is no chance of tampering with the prosecution evidence.

Learned A.P.P. fairly submits that there is no direct evidence but there is circumstantial evidence. In the facts and circumstances stated above, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the II, learned Judicial Magistrate First Class, Uda-Kishunganj, Madhepura in connection with Gwalpara P.S. Case No. 99 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) ajaypd./- U T