Raj Karan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53907 of 2018 Arising Out of PS.Case No. -13 Year- 2017 Thana -JAIPUR District- BANKA ======================================================

1. Raj Karan Yadav, Son of Kisto Yadav, Resident of Village- Heth Madhiya, Police Station- Jaipur, District- Banka. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. Sri Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-10-2018 Heard the parties.

Earlier the prayer for bail of the petitioner was rejected by this Court, vide order dated 7.11.2017 passed in Cr. Misc. No.46523 of 2017 with a direction to the learned trial court to conclude the trial within a period of seven months. The petitioner happens to be husband and the charge sheet has been submitted under Section 306 of the IPC whereas the petitioner claims that she has committed suicide.

Submission of the learned counsel for the petitioner is that he is in custody since 8.5.2017 and up till now not a single witness has been examined.

Heard learned A.P.P. also.

From perusal of the report, it appears that in this case

Patna High Court Cr.Misc. No.53907 of 2018 (3) dt.31-10-2018 2/2 charge has been framed but up till now not a single witness has been examined.

Having heard both sides and in view of the fact that the petitioner is in custody for more than one year, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ADJ-II, Banka in connection with Sessions Trial No.553 of 2017 arising out of Jaipur P.S.Case No.13/17 with condition that he will cooperate in disposal of the trial and will also appear as and when required by the learned court below; otherwise his bail bond shall be cancelled.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T