Lallu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9054 of 2017 Arising Out of PS.Case No. -64 Year- 2016 Thana -DUMARIA District- GAYA ======================================================

1. Lallu Yadav, Son of Bindeshwar Yadav, resident of Village- Dibhaka, P.S.- Dumariya, District- Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. N.A. Shamshi For the Opposite Party/s : Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-03-2017 The petitioner is in custody since 27.09.2016 in connection with Dumariya P.S. Case No. 64 of 2016, registered for offences punishable under Section 304(B) Indian Penal Code. It has been submitted on behalf of the petitioner that though the petitioner is husband of the deceased but he has been falsely implicated in this case as she has committed suicide, which will appear from the fact that independent witnesses in paragraph - 36 and 37 of the case diary has stated that on hulla they went to the spot where the found the deceased was burning and except the deceased, nobody was there at that time. Petitioner has been in custody since 27.09.2016.

Heard learned A.P.P. also.

Having heard both sides, in view of the statement of independent witnesses in paragraph 36 and 37 of case diary and

Patna High Court Cr.Misc. No.9054 of 2017 (3) dt.18-03-2017 2/2 also as there is only general and omnibus allegation against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Sherghati, Gaya in connection with Dumariya P.S. Case No. 64 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T