Patna High Court - Orders
Ganga Dayal Singh @ Ganga Dayal Yadav vs The State Of Bihar on 3 July, 2013
Author: Navin Sinha
Bench: Navin Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31169 of 2012
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1. Ganga Dayal Singh @ Ganga Dayal Yadav S/O Shiv Pujan Yadav @
Shiv Pujan Resident Of Village- Saraki, P.S- Adhaura, District- Kaimur At
Bhabhua.
.... .... Petitioner/s
Versus
1. The State Of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA
ORAL ORDER
4 03-07-2013Heard learned counsel for the petitioner and the State.
The prayer for bail of the petitioner was rejected earlier without calling for the case diary in Cr. Misc. No.16940/11 on 25.10.2011 noticing the allegations that he had hacked the body of his wife into pieces, the informant being the brother of the deceased.
In this repeat application Xerox copy of the case diary duly authenticated by the Presiding Officer had been called for so as not to delay the trial.
Learned counsel for the petitioner submits that the F.I.R. itself states that the deceased had been married to the petitioner approximately 12 years ago. There is no allegation of any untoward behaviour of the petitioner towards the deceased in these long years. There were six children. The Patna High Court Cr.Misc. No.31169 of 2012 (4) dt.03-07-2013 2 informant heard that his sister was not well. When he reached her village, he learnt that the deceased had been hacked to death in the courtyard by a Tangi (sharp cutting weapon) and the body cremated.
Learned counsel for the petitioner submits that the deceased died a natural death due to illness.
Learned counsel for the State from the case diary submits that the body of the deceased was cremated, as mentioned by the co-villagers.
Learned counsel for the State is unable to point out any paragraph of the case diary suggesting any untoward behaviour of the petitioner towards the deceased in these long years. If the body had been hacked into pieces and was cremated in presence of the co-villagers, there had to be some evidence that on the funeral pyre different parts of the body had been put or that the entire body was laid on the funeral pyre. It is not understandable what kind of investigation was being done by the police. This observation has to be read as confined to the purposes of bail only.
Having considered the facts and circumstances, let the petitioner above named surrender before the court below within four weeks when he shall be enlarged on bail upon furnishing the bail-bonds of Rs.10,000/- (ten thousand) along with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge-1, Kaimur at Bhabhua in Patna High Court Cr.Misc. No.31169 of 2012 (4) dt.03-07-2013 3 S. Tr. No.158/11 arising out of Adhaura P.S. Case No.28 of 2010.
(Navin Sinha, J) K.C.jha/-