Jai Krishna Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50776 of 2016 Arising Out of PS.Case No. -13 Year- 2016 Thana -CHAUSA District- MADHEPURA ====================================================== Jai Krishna Yadav, son of Late Musho Yadav, resident of village-Arajpur Mitha Toala @ Bhitha Tola, P.S. Chausa, District-Madhepura. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Pawan Kumar, Advocate For the Opposite Party : Smt. Veena Rani Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 24-11-2016 Heard the learned counsel for the petitioner and the learned APP for the State.

Petitioner is languishing in judicial custody since 12.09.2016 in connection with Chausa P.S.Case No.13 of 2016 for offence alleged under Sections 304(B), 201, 120(B) and 34 of the IPC.

The prosecution case is that the informant's daughter has been killed by her husband and concubine and the petitioner and other co-accused were instrumental in disposal of the dead body.

It has been submitted by the learned counsel for the petitioner that the petitioner is innocent having not committed any offence and being the agnate and distinct uncle of the husband of the deceased has been falsely implicated in the aforesaid case only

Patna High Court Cr.Misc. No.50776 of 2016 (2) dt.24-11-2016 2/2 on the basis of suspicion.

However, learned APP for the State submits that the petitioner is named in the FIR, hence opposes the prayer for bail. From the materials available, it appears that chargesheet has already been submitted and the petitioner's release from custody would not adversely affect his trial. Thus, in the interest of justice and considering the period of custody, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Udakishunganj, DistrictMadhepura in connection with Chausa P.S.Case No.13 of 2016. It is further made clear that this direction for bail is further subject to the condition that the petitioner will not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence and shall appear, in the learned Court below, as may be directed.

In terms of the above observations and directions, this bail application stands allowed.

(Nilu Agrawal, J) B.Kr./- U T