COURT OF JUDICATURE AT PATNA Criminal…
Petitioner released on bail by furnishing bonds of Rs. 10,000/- and two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15808 of 2015
Arising Out of PS.Case No. -159 Year- 2013 Thana -DARAUNDA District- SIWAN ====================================================== 1. Raj Kumar Yadav Son of Late Munni Lal Yadav, Resident of villageUsarahi, P.S.- M.H. Nagar, Hasanpura, District- Siwan (Bihar) .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rakesh Kumar For the Opposite Party/s : Mr. Iftekhar Mahmood(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 5 02-11-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner happens to be husband of the deceased and is languishing in jail custody since 26.06.2014 in a case registered for the offences punishable under Sections 304B, 201/34 of the Indian Penal Code.
The trial court has reported that charge sheet against the petitioner was submitted and after commitment charge was framed against the petitioner on 20.08.2015 but up till now, not a single prosecution witness could be examined.
It would appear from perusal of the first information report that petitioner and his other family members allegedly killed the deceased to take the amount which had been deposited
Patna High Court Cr.Misc. No.15808 of 2015 (5) dt.02-11-2015
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in the name of deceased by her father but there appears to be nothing in the written report or in the statement of proposed prosecution witnesses that aforesaid occurrence took place in connection with marriage of petitioner with deceased.
Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II, Siwan in connection with Sessions Trial No. 112 of 2015 arising out of Daraunda P.S. Case No. 159 of 2013.
(Hemant Kumar Srivastava, J)
SHAHZAD/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in a case under Sections 304B, 201/34 of the Indian Penal Code considering the lack of prosecution witnesses and the FIR allegations.
Raj Kumar Yadav
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
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