Sushil Yadav @ Sushil Kumar Yadav v. The State Of Bihar
Patna High Court Cr.Misc. No.29598 of 2015 (3) dt.29-10-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29598 of 2015 Arising Out of PS.Case No. -522 Year- 2014 Thana -SAUR BAZAR District- SAHARSA ======================================================
1. SUSHIL YADAV @ SUSHIL KUMAR YADAV Son of Kaniklal Yadav Resident of Village- Bhulia , P.S. - Sour Bazar Dist. - Saharsa .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Chandra Mohan Jha For the Opposite Party/s Mr. Rajendra Singh Shastri Jee(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 29.10.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.
Petitioner happens to be husband of the deceased and is languishing in jail custody since 6.2.2015 in a case registered under sections 302, 201/34 of the Indian Penal Code. Informant lodged the present case on 20.11.2014 having got information regarding missing of his sister and claimed that his sister was killed by the petitioner and his other family members due to nonfulfillment of illegal demand of dowry. Dead body of the deceased was recovered in course of investigation near a river which is evident from para 15 of the case diary. Post mortem report of deceased reveals that cause of death was throttling.
The contention on behalf of the petitioner is that deceased was a mentally derailed lady and, as a matter of fact, she was in a
Patna High Court Cr.Misc. No.29598 of 2015 (3) dt.29-10-2015 habit of leaving her matrimonial home and prior to this occurrence, she had left her matrimonial home but due to illiteracy neither petitioner nor his other family members gave any information to the concerned police station and moreover, none has seen the actual killing of the deceased.
Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa in Sour Bazar P.S. Case no. 522/2014. shahid (Hemant Kumar Srivastava,J) U T