Dipu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46681 of 2016 Arising Out of PS.Case No. -146 Year- 2010 Thana -SIKANDARA District- JAMUI ====================================================== Dipu Yadav, Son of Late Bishun Yadav, Resident of Vill-Narayanpur, P.S.- Sikandra, District- Jamui .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party/s : Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 15-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 30.08.2016 in connection with Sikandra P.S. Case No. 146/10, G.R. No. 1157/10 for offences punishable under Sections 302, 201/34 of the Indian Penal Code.

The prosecution case, as lodged by the Chowkidar, is that he found a dead body floating in the well. After two years, the name of the petitioner has surfaced on the restatement of the deceased father and on that basis petitioner has voluntarily surrendered.

It has been submitted by the learned counsel for the petitioner that he is brother-in-law (Dewar) of the deceased and has falsely been implicated in the aforesaid case. It is

Patna High Court Cr.Misc. No.46681 of 2016 (4) dt.15-12-2016 2/2 submitted that the deceased had no children even after 10 years of marriage and she was a person of unsound mind, who has committed suicide. It is further submitted that petitioner has got no criminal history, charge-sheet has already been submitted and trial is going on. It has further been submitted that the mother-in-law Taso Devi @ Sas Devi has since been granted the privilege of bail by a Coordinate Bench of this Court in Cr. Misc. No. 32713 of 2016 on 20.08.2016 on similar allegation.

However, learned APP for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Be that as it may, since petitioner is brother-inlaw (Dewar) of the deceased and mother-in-law has since been granted the privilege of bail, let petitioner, above named, 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 learned Chief Judicial Magistrate- IInd, Jamui in connection with Sikandra P.S. Case No. 146/10, G.R. No. 1157/10.

(Nilu Agrawal, J.) Rajesh/- U T