Case Facts:
Patna High Court Cr.Misc. No.43650 of 2012 (2) dt.11-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43650 of 2012 ====================================================== 1. Hansa Yadav S/O Ram Swaroop Yadav R/O Vill- Buchai Tol, P.S- Alauli, Distt- Khageria. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 2 11-12-2012 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is an accused in Sessions Trial No. 491 of 2011 arising out of Alauli P.s. Case no. 202/06 for the offence punishable under sections 448, 341`, 323, 307, 376/511/34, 302/34 of the Indian Penal Code. The prosecution case is that the petitioner and other accused persons entered into the house of the informant and the wife of the informant was dragged out and they attempted to commit her rape. After some time wife of the informant died and [STATUTE] was added. It is submitted that after investigation chargesheet was submitted. The petitioner is facing trial and all the six material Patna High Court Cr.Misc. No.43650 of 2012 (2) dt.11-12-2012 witnesses including the informant have been examined. None of them have made any allegation against the petitioner. Even the informant has stated that he had mentioned the name of the petitioner in the F.I.R. at the instance of the police. Only I.O. and the Doctor are to be examined in this case. There is no evidence that the petitioner has committed any overt act. Learned counsel for the State could not controvert the contention of the learned counsel for the petitioner while opposing his prayer for bail. Considering the facts and circumstances of this case, the above-named petitioner is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Khagaria in the case mentioned above with the following conditions :- 1. One of the bailors will be the close relative of the petitioner. 2. The petitioner will not indulge in similar or in any other offence. 3. The petitioner will be well represented in the court. 4. In case of absence for two consecutive dates or Patna High Court Cr.Misc. No.43650 of 2012 (2) dt.11-12-2012 in violation of the terms of the bail, his bail bond will be liable to be cancelled by the concerned court and he will be taken into custody. Amin/- (Amaresh Kumar Lal, J)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.