Ram Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54881 of 2018 Arising Out of PS.Case No. -163 Year- 2018 Thana -KONCH District- GAYA ====================================================== Ram Prasad Yadav S/o Late Sita Yadav, R/o Vill.- Mohammadpur, P.S.- Goh, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Yadav, Advocate For the Opposite Party/s : Mr. Sri Sakir Ahmad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 07-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Sections 304 (B)/201/34 of the Indian Penal Code.

It is submitted by counsel for the petitioner that from bare perusal of the FIR which has been lodged implicating number of family members of the husband of the victim. It is apparent that in fact the petitioner had given information to the inlaws regarding the victim being ill and taken for treatment. It is also submitted that informant is not a witness to the occurrence and that there is vital contradictions in the statement of the informant. The petitioner has falsely been implicated in this case. Petitioner is maternal uncle of the husband of the victim and he is in custody since 22.05.2018.

Patna High Court Cr.Misc. No.54881 of 2018 (2) dt.07-09-2018 2/2 Learned APP has opposed the prayer for bail.

Considering the submission of counsel for the petitioner that information was given by the petitioner regarding the victim being taken for treatment, as is apparent from the FIR, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, 3rd, Gaya in connection with Konch P.S. Case No. 163 of 2018 subject to the conditions :

(i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U