Lekha Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51715 of 2018 Arising Out of PS.Case No. -310 Year- 2018 Thana -SHERGHATI District- GAYA ====================================================== Lekha Yadav, S/o Late Lusi Yadav, R/o Vill.- Achchama, P.S.- Dobhi, District- Gaya.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Shivendra Prasad, Advocate. For the Opposite Party : Mr. Manish Kumar 2, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-09-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State The petitioner is languishing in custody since 08.06.2018 in a case for the offence registered under Sections 302/34 of the IPC.

The prosecution story, in brief, is that the daughter of the informant was married with the son of the petitioner in the year 2002. After some time, her in-laws started torturing her because she had not given birth to any child. The informant himself got his daughter and son-in-law treated but even then the accused persons remained intact. Consequently, he filed a case in Sherghati Court where after the matter was compromised between them. On 07.06.2018 at about 3.00 A.M. he received a phone call

Patna High Court Cr.Misc. No.51715 of 2018 (2) dt.19-09-2018 2/3 that his daughter was killed by accused persons and threw the dead body in a Kuan. It is further alleged that two days before her daughter told him on phone that her in-laws are extending threat to her that thing would kill her. Thereafter, the informant went there and found dead body of his daughter lying on cot in the courtyard of her house. It is further alleged that his daughter was killed by accused persons.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The alleged occurrence has taken place after 16 years of marriage. The petitioner is father-in-law of the deceased. He is separate in mess and property from the husband of the deceased. There is no eye witness to the alleged occurrence. There is no circumstantial evidence to suggest the implication of the petitioner in the present case.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like

Patna High Court Cr.Misc. No.51715 of 2018 (2) dt.19-09-2018 3/3 amount each to the satisfaction of the learned A.C.J.M. Sherghaty (Gaya), in connection with Sherghaty (Dobhi) P.S. Case No. 310 of 2018.

U.K./- (Sudhir Singh, J) U T