Sunil Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1846 of 2017 Arising Out of PS.Case No. -83 Year- 2016 Thana -AMAUR District- PURNIA ======================================================
1. Sunil Yadav, Son of Shri Janak Lal Yadav, resident of village - Machatta, P.S. Amour, District - Purnea .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amrit Abhijat, Advocae For the Opposite Party/s : Smt. Madhuri Lata (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-03-2017 Supplementary affidavit has been filed on behalf of the petitioner annexing the copy of order passed in Cr. Misc. No. 375 of 2017 whereby and whereunder Pramila Devi @ Parmila Devi, the mother of the petitioner has been allowed pre-arrest bail. Let it be kept on record.
Heard learned counsel for the petitioner and learned counsel representing the State.
The petitioner seeks bail in connection with Amour P.S Case No. 83 of 2016 registered for the offence punishable under Section 302/34 of the Indian Penal Code. Allegedly, the petitioner and other co-accused being the in-laws of the deceased committed murder of the son of the informant in their house in furtherance of their common intention.
Patna High Court Cr.Misc. No.1846 of 2017 (4) dt.16-03-2017 2/3 Submission is of false implication and that the petitioner's family lives separately from the family of his sister Anju Devi, the petitioner has no motive to commit the murder of brother-in-law (bahanoi), there is no any legal cogent evidence against the petitioner, due to dirty village politics the name of the petitioner has been implicated in this case only on the basis of suspicion, the petitioner has got no criminal antecedent and without any fault he is suffering in custody since 15.09.2016. In F.S.L. report it has come that the deceased died due to taking of Celphos, no apparent injury has been found on the person of the deceased and the deceased herself consumed Celphos and committed suicide, co-accused Pramila Devi @ Parmila Devi has been allowed pre-arrest bail and the allegation against the petitioner is similar and, as such, the petitioner also deserves deserve sympathetic consideration.
Learned A.P.P. opposes the prayer of bail.
In the facts and circumstances stated above, considering that chagesheet has already been submitted and there is no chance of tampering with the prosecution evidence, as such, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M.-VI, Purnea, in
Patna High Court Cr.Misc. No.1846 of 2017 (4) dt.16-03-2017 3/3 connection with Amour P.S. Case No. 83 of 2016, 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.) Rajiv/- U T