Guddu Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.11673 of 2016 (3) dt.29-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11673 of 2016 Arising Out of PS.Case No. -67 Year- 2015 Thana -MAGADH MEDICAL COLLEGE DistrictGAYA ======================================================

1. Guddu Yadav S/o Leela Yadav Resident of Mohalla- Godawari PS Rampur, District Gaya..... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vinod Kumar For the Opposite Party/s : Mr. Anusaiya Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-04-2016 Heard learned counsel for the petitioner and learned APP for the Sate.

The petitioner seeks bail in connection with Magadh Medical P.S. Case No. 67 of 2015 registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code. The petitioner is the brother-in-law (Sala) of the deceased. The relation between the deceased and his wife was strain but the deceased was residing at in-laws house, the deceased went to his house on 22.05.2015 and made complaint to the informant and other family members regarding the behaviour of his wife and in-laws and thereafter, his dead body was recovered on 24.05.2015 near Hanuman Temple.

Submission is of false implication and that only on suspicion the petitioner has been implicated in this case, no one has seen the actual killing of the deceased, the wife of the deceased and the motherin-law have already been allowed bail vide Cr. Misc. No. 44393 of

Patna High Court Cr.Misc. No.11673 of 2016 (3) dt.29-04-2016 2015 and the petitioner without any legal and tangible material is suffering in custody since 08.01.2016, chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence.

Learned APP fairly submits that admittedly the deceased went to his house on 22.05.2015 and thereafter, on 24.05.2015 his dead body was recovered.

In the facts and circumstances stated above, the petitioner above named is 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, Gaya in connection with Magadh Medical P.S. Case No. 67 of 2015, subject to the conditions that one of the bailors must be a 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 the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T