Santosh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71492 of 2018 Arising Out of PS. Case No.-211 Year-2010 Thana- CHOUTARWA District- West Champaran ====================================================== Santosh Yadav, Son of Jagarnath Yadav, Resident of Village Dharmakta, P.S. Chautarwa, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prithvi Nath Mishra, Advocate.

For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-12-2018 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Chautarwa P.S. Case No. 211 of 2018 instituted for the offence under Sections 304(B), 201 and 34 of the Indian Penal Code.

As per First Information Report the informant received information on 15.9.2018 that his daughter has fled away. After receiving information, the informant and his son Raju Kumar reached at the hosue of his daughter where he was abused by the accused persons. The informant made search of his daughter. He got suspicion that accused persons as named in the First Information Report have killed his daughter. Counsel for the petitioner submits that petitioner has

Patna High Court Cr.Misc. No.71492 of 2018(2) dt.10-12-2018 2/2 been implicated in the case due to village politics. There is no allegation of any specific overt act against the petitioner. Counsel for the petitioner further submits that petitioner is in custody since 10.10.2018 having clean antecedent. Petitioner is co-villager of the deceased. The co-accused Jagarnath Yadav has already been granted bail by coordinate Bench of this Court vide order dated 4.12.2018 passed in Cr. Misc. 71785 of 2018.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, 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 Additional Chief Judicial Magistrate, Bagaha (West Champaran) in connection with Chautarwa P.S. Case No. 211 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T