Akhilesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10634 of 2016 Arising Out of PS.Case No. -15 Year- 2015 Thana -SARSI District- PURNIA ======================================================

1. AKHILESH YADAV son of Rajendra Yadav, R/o Village- Matiyari, P.S.- Raniganj, (Araria R.S.), District- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Bidhu Ranjan, Adv. For the Opposite Party/s : Mr. Madan Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 26-04-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Sarsi P.S. Case No. 15/2015 registered for the offences punishable under Sections 302, 120B/34 of the Indian Penal Code. Remi Devi the daughter of the informant was married to Bhawesh Yadav one year ago and allegedly after six months of the marriage the husband, the petitioner and other in-laws started torturing and assaulting her and ultimately she was brought in unconscious state in the house of the Indal Yadav by accused persons where she died.

Patna High Court Cr.Misc. No.10634 of 2016 (3) dt.26-04-2016 2/3 Submission is of false implication and that the petitioner is the dewar of the deceased having no concern with the family affairs of the deceased and her husband and the petitioner is residing separately. Other co-accused Draupadi Devi and Rajendra Yadav mother-in-law and father-in-law of the deceased have already been allowed bail vide Cr. Misc. 21508/2015 by another coordinate Bench of this Court and as such the petitioner also deserves sympathetic consideration to which the learned A.P.P. opposes by submitting that the petitioner was also involved in committing murder of the deceased.

In the facts and circumstances as stated above, considering the fact that mother-in-law and father-in-law have already been allowed bail and as such the petitioner being dewar is also directed to be released on bail on execution of 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, Purnea in connection with Sarsi P.S. Case No. 15/2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle

Patna High Court Cr.Misc. No.10634 of 2016 (3) dt.26-04-2016 3/3 the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) Vinita/- U T