Patna High CourtCR. MISC./39333/2015bail granted

Sipat Yadav v. The State Of Bihar

2015-10-09Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39333 of 2015 Arising Out of PS.Case No. -48 Year- 2015 Thana -GWALPARA District- MADHEPURA ======================================================

1. Sipat Yadav S/o Late Nankeshar Yadav, resident of Village- Shiswapatti, P.S.- Gwalpara (Arar O.P.), District- Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Md.Fahimuddin (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-10-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under sections 302/34 of the Indian Penal Code.

It is alleged in the F.I.R. by the informant Rita Devi that co-accused Suresh Yadav has killed Rupam Devi, daughter of the informant causing injury on her neck by means of Dabiya. Petitioner is alleged to have helped Suresh Yadav in committing murder of the deceased.

It has been submitted on behalf of the petitioner that he is in custody since 17.05.2015. Charge-sheet has been submitted in the case. Petitioner has got no criminal antecedent.

Patna High Court Cr.Misc. No.39333 of 2015 (3) dt.09-10-2015 There is no allegation of tampering with the evidence against the petitioner. Petitioner is Mama of the deceased. There is no motive alleged against him. Petitioner is named in the F.I.R. on the basis of suspicion. There is no substantive evidence against the petitioner for implicating him in the present case. Main allegation is against one Suresh Yadav whose confession is there in paragraph 20 of the case diary.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhepura in connection with Gwalpara (Arar O.P.) P.S. Case No. 48 of 2015.

(Sudhir Singh, J) Amin/- U