Kamod Kumar Yadav @ Kumad Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24829 of 2015 Arising Out of PS.Case No. -148 Year- 2014 Thana -SIMRI District- DARBHANGA ====================================================== Kamod Kumar Yadav @ Kumad Kumar Yadav S/o Pritam Yadav Resident of village - Sotia, P.S. Kamtaul, District - Darbhanga ( Bihar ) .... .... Petitioner

Versus

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

For the Petitioner : Mr. Subhash Kumar Mishra, Advocate. For the Opposite Party : Mr. Ajay Kumar No.1 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-10-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under sections 302/34 of the I.P.C At the very out set it has been submitted that in this case Vikas Kumar @ Vikas Kumar Yadav, who is alleged husband of the deceased, has already been allowed bail by another Bench of this Court vide Cr. Misc. No. 10306 of 2015 by order dated 07.05.2015 as the informant in the F.I.R. claims himself to be an eye witness, whereas, in further statement recorded in paragraph-12 of the case diary he has stated that he came at the place of occurrence after the alleged occurrence and the deceased disclosed that her husband and younger brother-in-law chopped

Patna High Court Cr.Misc. No.24829 of 2015 (3) dt.05-10-2015 2/2 off her neck. The learned A.P.P. fairly submits that the case of the petitioner is similar to that of co-accused Vikas Kumar @ Vikas Kumar Yadav.

In the facts and circumstances as stated above, the petitioner is directed to 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 2nd Additional Sessions Judge, Darbhanga in Sessions Trial No. 92 of 2015 arising out of Simri P.S. Case No. 148 of 2014/ G.R. No. 3709 of 2014, 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) Abhay/- U T