Ramnath Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75271 of 2022 Arising Out of PS. Case No.-217 Year-2022 Thana- LADANIA District- Madhubani ====================================================== RAMNATH YADAV S/o Rajendra Yadav R/o Village- Nondarhi (Beldarhi), P.S.- Ladaniya, Distt- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav, Advocate : Mr.Ravi Prakash, Advocate : Mr. Udeshya Kumar Yadav, Advocate For the Opposite Party/s :

Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-04-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail, who is in custody since 20.07.2022 in connection with Ladaniya P.S. Case No. 217 of 2022, F.I.R. dated 19.07.2022 registered for the offence punishable under Section 302,328,34 of IPC.

The prosecution case, in short, is that on 19.07.2022 the informant alleged that he received information that his daughter has been killed by the petitioner and other accused persons by assaulting her and also by administering poison. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. Petitioner is husband of the

Patna High Court CR. MISC. No.75271 of 2022(2) dt.18-04-2023 2/3 deceased and there is no specific allegation of any assault or overt-act against the petitioner and the allegation as alleged in the FIR is false and fabricated. No such occurrence had taken place. Further submits that it has come during investigation that the victim has committed suicide herself and the police, after investigation, submitted chargesheet against the petitioner under Sections 306,328 and 34 of IPC and the petitioner is in custody since 20.07.2022.

Learned APP for the State has opposed the prayer for bail of the petitioner.

Considering the aforesaid fact, 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 Judicial Magistrate, 1st Class, Madhubani in connection with Ladaniya P.S. Case No. 217 of 2022,with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.75271 of 2022(2) dt.18-04-2023 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T