Ambika Yadav @ Amak Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4447 of 2018 Arising Out of PS.Case No. -95 Year- 2015 Thana -GHOSI District- JEHANABAD ====================================================== Ambika Yadav @ Amak Yadav S/o Late Lala Yadav @ Lallu Yadav, R/o Village- Karhara, P.S.- Ghoshi , District- Jehanabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Paras Nath For the Opposite Party/s : Mr. Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 03.11.2017 in connection with Ghosi P.S. Case No. 95 of 2015 for offences punishable under Sections 304(B), 201/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that his daughter Radha Kumari was married to the petitioner's son Birendra Kumar six years back and due to non-fulfillment of one lac and a motorcycle, the informant's daughter has been killed and dead body disposed of.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.4447 of 2018 (3) dt.19-02-2018 2/3 petitioner that he is innocent, is an old man and father-in-law of the deceased. He submits that general and omnibus allegation has been levelled against all the accused and the petitioner has been made accused only on suspicion. He submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner. He further submits that this petitioner has separate home and hearth with that of the deceased and that a compromise has been arrived between the parties.

However, learned APP for the State opposes the prayer for bail stating therein that the petitioner is named in the F.I.R. Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged 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 S.D.J.M., Jehanabad in connection with Ghosi P.S. Case No. 95 of 2015, subject to the conditions that:

(1) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(2) Petitioner will appear before the learned court below during trial as and when required and failure to appear on

Patna High Court Cr.Misc. No.4447 of 2018 (3) dt.19-02-2018 3/3 two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) Devendra/- U T