Suraj Yadav @ Suraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.75007 of 2018 Arising Out of PS. Case No.-401 Year-2017 Thana- BARBIGHA District- Sheikhpura ====================================================== Suraj Yadav @ Suraj Kumar Son of Bachchu Yadav Resident of Village/Mohalla- Akbar Bigha, P.S. Barbigha, District- Shekhpura. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar For the Opposite Party/s :
Mr.Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-02-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in Barbigha P.S. Case No. 401/2017, instituted for offence under Section(s) 304(B)/34 and 201 of the Indian Penal Code.
Learned counsel for the petitioner has submitted that case has been registered under Sections 304B/34 and 201 of the Indian Penal Code but the police after investigation submitted charge-sheet under Section 364 of the Indian Penal Code. There is no recovery of dead body of the deceased.
Learned counsel for the petitioner has submitted that victim Mini Devi was of unsound mind, which has also come in para 5 and 6 of case diary in the evidence of witnesses. She used to go out of the house. Petitioner had earlier filed Sanha/
Patna High Court Cr.Misc. No.75007 of 2018(3) dt.22-02-2019 2/2 Informatory Petitions with regard to the same on 17.07.2017 and again on 17.08.2017, which is mentioned in para 10 of bail petition. True copies of the said Informatory Petitions are annexed as Annexure- 3 and 4 respectively. It is further submitted that informant has filed affidavit, which is enclosed as Annexure-5, in the court below that no ill treatment was ever extended to his daughter. She was mentally disturbed. Petitioner is in custody since 30.05.2018.
Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheikhpura in connection with Barbigha P.S. Case No. 401/2017, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) rakhi/- U T