Balendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15940 of 2018 Arising Out of PS.Case No. -85 Year- 2017 Thana -DEO District- AURANGABAD ======================================================

1. Balendra Yadav S/o Mukhdeo Yadav, R/o Village- Kamardih, P.S.- Deo, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bachan Jee Ojha, Adv For the Opposite Party/s : Mr. Sri Dinesh Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-05-2018 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 302/34 of the Indian Penal Code.

This is a case with allegation of murder of the wife of the petitioner by the petitioner and others. Submission is that there is no eye witness of the occurrence. Only suspicion is there against the petitioner and others on the ground that in the past, the petitioner and others have poisoned to the deceased. However, no case was lodged of the past occurrence.

Considering the fact that only material against the petitioner is suspicion and also considering the

Patna High Court Cr.Misc. No.15940 of 2018 (3) dt.15-05-2018 fact that the investigation of the case is closed, 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 Deo Police Station Case No.85 of 2017, subject to the condition that the petitioner shall fully cooperate with the investigation/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