Surendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14074 of 2021 Arising Out of PS. Case No.-70 Year-2020 Thana- PANDAUL District- Madhubani ====================================================== Surendra Yadav Son of Late Yogi Yadav @ Bhola Yadav Resident of Village - Udipur, Bithuwar, P.S. - Pandaul, District - Madhubani. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ratanakar Jha, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-07-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Pandaul P.S. Case No. 70 of 2020 registered under sections 302, 201 and 34 of the Indian Penal Code.

As per allegation in the F.I.R., the daughter of the informant was married to the younger brother of the petitioner herein. It is stated by the informant that her daughter called to inform that her husband was making a demand of the immovable property and in case the same is not given, she may be killed. Subsequently, the informant received information about her daughter being killed and the body disposed of. It is submitted by learned counsel for the petitioner that the allegations as levelled against the petitioner are false and concocted. Petitioner happens to be the elder brother of the

Patna High Court CR. MISC. No.14074 of 2021(2) dt.02-07-2021 2/2 husband of the deceased. He was living separately and had no concern with the family affairs of the deceased and his younger brother. The husband of the deceased is in custody and the petitioner has remained in custody since 30.4.2020, and not 7.7.2020 as has been wrongly mentioned in the petition. The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and in view of the facts and circumstances of the case including the petitioner being the elder brother-in-law (Bhaisur) of the deceased, his being in custody since 30.4.2020 and the husband of the petitioner being in custody together with the contents of the statement of the daughter of the deceased recorded in paragraph 45 of the case diary which has been referred to in the order of the learned Court below, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Pandaul P.S. Case No.70 of 2020 on furnishing bail bond of Rs.10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhubani. (Partha Sarthy, J) Bibhash U T