Girish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42236 of 2015 Arising Out of PS.Case No. -99 Year- 2015 Thana -HASANPUR District- SAMASTIPUR ====================================================== Girish Yadav Son of Late Shivajee Yadav resident of village - Balahpur, P.S. Hasanpur, District - Samastipur ... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. B.K. Dubey, Mr. Ranjit Kumar Yadav For the Opposite Party/s : Mr. Nityanand Tiwary(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 09-05-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner being the father-in-law is apprehending his arrest in connection with Hasanpur P.S. Case No. 99 of 2015 for the offences registered under Sections 304(B) and 201/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the entire allegation is false and frivolous. The main allegation is against the husband of the deceased. It is further submitted that actually, the girl had not come to her Sasural and therefore,

there is no question of torture at the hands of the present petitioner.

Learned counsel for the State submits that save and except the allegation made in the first information report, there is no cogent material in the case diary to implicate the petitioner in the present case. On the contrary, material has surfaced mainly as against the husband as the deceased had initially not gone to her Sasural but subsequently, her husband alone had taken her "Bidai" and thereafter, she disappeared. Soon thereafter, the dead body of the deceased was recovered near the house of the informant.

Considering the aforesaid submissions and also the fact that the petitioner has no role to play in the aforesaid offence, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount

each to the satisfaction of Judicial Magistrate, 1st Class, Rosera (Samastipur), in connection with Hasanpur P.S. Case No. 99 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) Jagdish/- U T