Awadhesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70386 of 2019 Arising Out of PS. Case No.-78 Year-2019 Thana- SARMERA District- Nalanda ====================================================== AWADHESH YADAV Son of Bachchu Yadav @ Vachan Yadav Resident of Village-Gowachak, P.S.-Sarmera, District-Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Sarmera P.S. Case No.78 of 2019 registered under Sections 302 and 201/34 of the Indian Penal Code.

The accusation is that the marriage of the sister of the informant was performed with the petitioner before 10 years and due to wedlock, the sister of the informant was blessed with two children. On 22.05.2019, the informant received information from his step niece Nibha Kumari on phone that his sister has died. Thereafter, the informant along with his other family members went to the sasural house of his sister but his brother-in-law (petitioner) and his other family members did not permit him to meet to his sister. The informant claimed that the petitioner and his other family members

Patna High Court CR. MISC. No.70386 of 2019(3) dt.18-02-2020 2/2 committed the murder of his sister and concealed her dead body. Learned counsel appearing on behalf of the petitioner submits that, admittedly, the marriage of the petitioner was performed with the sister of the informant before 10 years and due to heat stroke, the sister of the informant became ill. Thereafter, the sister of the informant was brought to the clinic of Dr. Murari but she died and her dead body was cremated. The aforesaid fact has also come in the statement of the witnesses, as detailed in paragraphs-49, 50 and 51 of the case diary. With an ulterior motive, the petitioner and his family members have falsely been implicated in this case. The petitioner is in custody since 17.06.2019.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda (Biharsharif), in connection with Sarmera P.S. Case No.78 of 2019.

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