Subhash Kumar @ Raja Babu @ Subhash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24004 of 2015 Arising Out of PS.Case No. -72 Year- 2013 Thana -MAHILA PS District- JEHANABAD ======================================================

1. Subhash Kumar @ Raja Babu @ Subhash Yadav S/o Suresh Yadav @ Suresh Singh Resident of Village Akbarpur, P.S. Makhdumpur, District Jehanabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Prasad Singh For the Opposite Party/s : Mr. Smt. Indu Bala Panday (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is in custody in a case registered under Sections 304(B), 201,34 of the Indian Penal Code. The prosecution case ,in brief, is that the informant has performed the marriage of her daughter Puja to Subhash Yadav s/o Suresh Yadav of village Akbarpur, P.S. Makhdumpur, DistrictJehanabad in the year 2008. After marriage Subhash Yadav and other family members were demanding Bolero vehicle or equivalent price cash. It is further alleged that due to non fulfilment of demand Subhash Yadav and other family members used to torture her daughter mentally and physically. It is again alleged that on 1.9.2013 she met to her daughter at Makhdumpur when she went there for purchase of medicine, her daughter complained that her husband is being tortured and assaulted for

Patna High Court Cr.Misc. No.24004 of 2015 (2) dt.06-07-2015 2/2 Bolero vehicle or five lac rupees cash. It is further alleged that the petitioner and other family members murdered her daughter Puja Kumari at night on 1.9.2013 and kept the dead body any where which is traceless. Her daughter was pregnant of eight months. It has been submitted on behalf of the petitioner that as per FIR the offence is said to have taken place on 1.9.2013 but the present case was instituted on 12.09.2013, after a period of 11 days, for which no explanation has been made by the prosecution. The fact is that the victim was pregnant and she was being treated by a doctor, which is evident from Annexure 2. Suddenly she developed some complications and in course of treatment she died. The petitioner has no criminal antecedent and is in custody since 12.02.2015.

On behalf of the State, it is submitted that the petitioner is named in the FIR.

Considering the facts aforesaid, let above named petitioner 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 C.J.M., Jehanabad in Jehanabad (Mahila) P.S.Case No. 72/2013.

(Sudhir Singh, J) singh/- T