Harendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49055 of 2015 Arising Out of PS.Case No. -16 Year- 2015 Thana -BHAGHA District- WESTCHAMPARAN(BETTIAH) =====================================

1. Harendra Yadav, son of Sri Shankar Yadav, resident of village - Bhangaha Parsauni, P.S. - Bhangaha, District - West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s :Mr. Umesh Chandra Verma, Adv. For the Opposite Party/s:Mr. Nirmal Kr. Sinha (A.P.P.) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-11-2015 Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the State. This application for grant of regular bail arises out of Bhangaha P.S. Case No.16 of 2015, disclosing offences under Sections 302 and 201/34 of the Indian Penal Code.

The deceased was the married niece of the informant. Allegedly, the deceased was found missing and subsequently her dead-body was found lying in a

Patna High Court Cr.Misc. No.49055 of 2015 (2) dt.23-11-2015 2/3 field. The First Information Report came to be instituted with the allegation that the present petitioner had earlier threatened of dire consequences, if the victim was sent to her in-laws's house.

Learned counsel, appearing on behalf of the petitioner, submits, while denying the allegation, that the petitioner's implication is based on mere suspicion and nothing specific has been found even in course of investigation on the basis of which it could be said that he was involved in commission of offence. The petitioner is in custody since 22.07.2015. Evidently, the police must have submitted charge-sheet by now upon completion of investigation.

Considering the submissions, as aforesaid, and the facts and circumstances of the case, this application is allowed. The petitioner, abovenamed, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri R.K. Rai, learned Judicial Magistrate, Bettiah, West Champaran, in connection with Bhangaha P.S. Case No.16 of 2015.

This is subject to the condition that the petitioner shall present himself before the police/Court,

Patna High Court Cr.Misc. No.49055 of 2015 (2) dt.23-11-2015 3/3 as the case may be, as and when required, and in the event of failure on his part to appear before the Court, on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T