Patna High CourtCR. MISC./17458/2016bail granted

Umesh Yadav v. The State Of Bihar

2016-05-24Mr. Justice Sudhir Singh2 pages

Patna High Court Cr.Misc. No.17458 of 2016 (3) dt.24-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17458 of 2016 Arising Out of PS.Case No. -55 Year- 2015 Thana -THARTHARI District- NALANDA (BIHARSHARIFF) ====================================================== Umesh Yadav S/o Siri Yadav, Resident of village- Siwanpur, P.S.- Noor Sarai, District- Nalanda .... .... Petitioner

Versus

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

For the Petitioner : Mr. Anil Kumar No.1, Advocate For the Opposite Party : Mr. Jitendra Kumar Roy 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is in custody since 07.12.2015 in connection with Tharthari P.S.Case No.55 of 2015 registered for the offence under Sections 302 and 201/34 of the IPC.

As per the prosecution case, it is alleging therein that his son Mirtunjay Kumar aged about 14 years went to villageChindura for taking tuition at 7.00 A.M. when he did not return at 12.00 hours then searching the body and during course of search it came to know that the child has cut by POKLANE near villageChhoti Chhariyari and the informant went to the place of occurrence and found the piece of dead body of his son lying. It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.17458 of 2016 (3) dt.24-05-2016 petitioner is in custody since 07.12. 2015. The petitioner has got no criminal antecedent. After investigation, the police has submitted charge sheet under Section 304(A)/34 of the IPC but the learned court below deferred with the police report and has taken cognizance under section 302 and other allied Sections of the IPC. No overt-act is alleged against the petitioner. From perusal of the case diary, it is evident that it is a case of accident. On behalf of the State, it has been submitted that the petitioner is not named in the FIR.

Considering the aforesaid facts and circumstances, let the 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 ACJM, Hilsa, Nalanda in connection with Tharthari P.S.Case No.55 of 2015. (Sudhir Singh, J) B.Kr./- U T