Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68268 of 2018 Arising Out of PS. Case No.-125 Year-2017 Thana- GOVINDPUR District- Nawada ====================================================== Sanjay Yadav Son of Ram Balak Yadav @ Ram Balak Prasad, Resident of Village- Bishunpur, P.S.- Govindpur, District- Nawada.... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sudhir Kumar Sinha, Adv For the Opposite Party/s :

Mr.Sri Ramchandra Sahani, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-04-2019 The F.S.L. report received in sealed cover was opened in open Court and thereafter again sealed. Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 328/34 of the Indian Penal Code and subsequently Section 302 of I.P.C. added. After twenty years of marriage, wife of this petitioner died in her matrimonial home. Allegation is that she was done to death by the family members.

Submission is that the petitioner is in custody since 13.08.2018. There is no witness of the actual occurrence. Further submission is that occurrence allegedly took place on 06.11.2017 and statement of the son of the victim was recorded by the police on 04.03.2018, wherein he has stated that other family members caught to the deceased and this petitioner

Patna High Court CR. MISC. No.68268 of 2018(6) dt.11-04-2019 2/2 administered poison to her. Contention is that the belated statement is concocted one otherwise there is no reason to not to get the statement of the witness recorded at the earliest. Learned counsel for the informant opposed the prayer for bail.

The viscera report reveals that celphose was found in the dead body of the deceased.

Considering the entire facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Govindpur Police Station Case No.125 of 2017, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Nitesh/- U T