Chhotan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34658 of 2017 Arising Out of PS.Case No. -165 Year- 2014 Thana -KOCH District- GAYA ====================================================== Chhotan Yadav Son of Jagdish Yadv, R/o Village- Itwan, P.S.- Konch, District- Gaya.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Lilawati Singh, Advocate For the Opposite Party/s : Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 25-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner is languishing in judicial custody since 30.03.2017 in connection with Konch P.S. Case No. 165 of 2014 registered for the offence punishable under Sections 306/34 of the Indian Penal Code.
The prosecution case is, as lodged by the informant, is that his daughter was married to the petitioner 8 years back and gave birth to two daughters. It is alleged that she was tortured and assaulted by the petitioner and other in-laws, as a result, she committed suicide on the railway track.
It has been submitted by the learned counsel for the
Patna High Court Cr.Misc. No.34658 of 2017 (3) dt.25-08-2017 2/3 petitioner that he is innocent, there is general and omnibus allegation against all the accused persons, including the petitioner and that she was found on the railway track and blood spots were also found there. It is further submitted that no prior case was lodged with regard to torture of the deceased by the informant and petitioner was keeping the daughter of the informant with full dignity. He submits that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution witnesses.
However, learned A.P.P. for the State opposes the prayer for bail stating therein that the witnesses have supported the prosecution case.
Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of Miss Akanksha Kashyap, learned Judicial Magistrate 1st Class, Gaya in connection with Konch P.S. Case No. 165 of 2014 on completion of six months in custody, subject to the condition that one of the bailors would be a close relative of the petitioner and that petitioner will appear before the learned Court below on all
Patna High Court Cr.Misc. No.34658 of 2017 (3) dt.25-08-2017 3/3 dates and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds. (Nilu Agrawal, J.) Arjun/- U T