Chhatanki Yadav @ Chhatanki Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30974 of 2018 Arising Out of PS. Case No.-100 Year-2017 Thana- JHAJHA District- Jamui ====================================================== Chhatanki Yadav @ Chhatanki Kumar Yadav, S/o Tusi Yadav @ Bishundeo Yadav, R/o Vill.- Tahwa, P.S.- Jhajha, District- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.

For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-06-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Jhajha P.S. Case No.100 of 2017 registered under Sections 302 and 201/34 of the Indian Penal Code.

The accusation is that the marriage of the deceased, the sister of the informant, was performed before 10 years with the petitioner and the informant received information that her in-laws after killing her, threw her dead body on the railway track. The cause of the occurrence is that in spite of passing over 10 years of the marriage of the deceased, the deceased had no issue. Learned counsel for the petitioner submits that, admittedly, the petitioner is the husband of the deceased, the sister of the informant, and the house of the petitioner is situated by the side

Patna High Court Cr.Misc. No.30974 of 2018(2) dt.11-06-2018 2/2 of the railway track. While the deceased, the sister of the informant, had gone to attend the call of nature, she was hit by running train at the time of crossing the track, due to which she sustained injury and succumbed to her injury but with an ulterior motive, the informant has lodged this false case. It is further submitted that on knowing the real fact, the informant has filed a compromise petition in the court below, which would appear from Annexure- '3' to this application. Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Jamui, in connection with Jhajha P.S. Case No.100 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T