Rabin Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.29633 of 2016 (4) dt.04-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29633 of 2016 Arising Out of PS.Case No. -87 Year- 2015 Thana -BARHARA District- PURNIA ======================================================

1. Rabin Yadav S/o Late Bindeshwari Yadav Resident of Mojampatti, P.S. Barhara ( Raghubanshnagar O.P. ), District - Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari For the Opposite Party/s : Mr. Nityanand Tiwary,A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-10-2016 Learned counsel for the petitioner is permitted to make necessary correction in para 3 of the present application. Heard learned counsel for the petitioner and the State. The petitioner is in custody in a case registered under Sections 302/34 of the Indian Penal Code.

The allegation against the petitioner and other coaccused is that they forcibly took the victim by dragging in a room and lit fire. It is further alleged that when the informant (daughter of the deceased) tried to save then all the accused persons caught her and thereafter she made alarm upon which the villagers came there but the victim was badly burnt. It is also alleged that the victim was immediately brought to Barhara Hospital for treatment from where she was referred to Purnea but in course of treatment she died.

It has been submitted on behalf of the

Patna High Court Cr.Misc. No.29633 of 2016 (4) dt.04-10-2016 petitioner that the petitioner is in custody since 17.04.2015. Charges have been framed. There is no allegation of tampering with the witnesses alleged against the petitioner. General and omnibus allegation has been made against the petitioner. No specific overt act has been alleged against the petitioner. Due to property dispute the sister of the petitioner (informant) has instituted the present case.

On behalf of the State, it is submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances of the case, 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 learned 1st Additional Sessions Judge, Purnea, in S.Tr. No. 399 of 2015 arising out of Barhara (Raghubanshnagar O.P.) P.S.Case No. 87 of 2015.

(Sudhir Singh, J) singh/- U T