Raj Kishore Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.8925 of 2016 (3) dt.12-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8925 of 2016 Arising Out of PS.Case No. -24 Year- 2015 Thana -JAMOBAZAR District- SIWAN ======================================================

1. Raj Kishore Yadav son of Bam Yadav, Resident of village- Dumara, P.S.- Jamo Bazar, District- Siwan.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Pandey For the Opposite Party/s : Mr. Sanjay Kr. Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-05-2016 Heard learned counsel for the petitioner and learned APP for the Sate.

The petitioner seeks bail in connection with Jamo Bazar P.S. Case No. 24 of 2015 registered for the offences punishable under Sections 304B/201 of the Indian Penal Code. Girija Devi, the daughter of the informant, was married to the petitioner in the year 2000 and out of the wedlock there is a son aged about 12-13 years. Allegedly, the petitioner and his father used to torture Girija Devi and ultimately they killed her and cremated the dead body.

Submission is of false implication and that there was cordial relation between the petitioner and his wife, on the date of occurrence the petitioner has gone to Maharajganj with his niece Rina Kumari who has to appear in Matric examination, the wife of the petitioner died due to illness as from earlier she was suffering

Patna High Court Cr.Misc. No.8925 of 2016 (3) dt.12-05-2016 from heart disease, this fact has been admitted by the son of the deceased Ajit Kumar vide para 8 and Rina Kumari vide para 9 of the case diary, no offence under Section 304 B IPC is made out and as such the petitioner deserves sympathetic consideration to which learned APP submits that the petitioner is the husband and chargesheet has been submitted under sections 302, 201/34 of the Indian Penal Code.

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, Siwan in connection with Jamo Bazar P.S. Case No. 24 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