Ambika Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9185 of 2016 Arising Out of PS.Case No. -207 Year- 2013 Thana -DHARHARA District- MUNGER ====================================================== Ambika Yadav, Son of Botal Yadav, Resident of village - Farda, P.S. Naya Ram Nagar, District - Munger.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Sada Nand Roy For the Opposite Party : Mr. P.K.Choursiya(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 31-03-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner is accused in connection with Dharhara P.S. Case No. 207 of 2013, registered under Section 302, 201/34 of the Indian Penal Code and Section 27 of the Arms Act.
The accusation is that Gautam Yadav, son of the informant and his cousin Jai Ram Yadav had gone to attend the marriage ceremony at village Gobindpur at the house of Bachu Yadav from where Gautam Yadav along with Jai Ram Yadav moved for his matrimonial house. In the night, informant received information from Jitendra Yadav to the effect that he received information from Gautam Yadav on mobile about surrounding by eight persons including the petitioner and on the
Patna High Court Cr.Misc. No.9185 of 2016 (2) dt.31-03-2016 2/2 next day, the dead bodies of Gautam Yadav and Jai Ram Yadav were found lying near railway track sustaining fire arm injuries. Learned counsel appearing on behalf of the petitioner submits that, in fact, the deceased Gautam Yadav, who had gone to his Sasural along with Jai Ram Yadav, were involved in outraging the modesty of a girl and they have been killed by the villagers, but the petitioner and others, who are covillagers of the informant have falsely been implicated in this case. Further submission is that similarly situated co-accused, Kuku Yadav has already been granted privilege of bail by a coordinate Bench of this Court vide order dated 06.11.2015 passed in Criminal Misc. No. 38333 of 2015. Further submission is that petitioner has no criminal antecedent and is in custody since 11.12.2015.
Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Munger in connection with Dharhara P.s. Case No. 207 of 2013 arising out of Jamalpur Rail P.S. Case No. 06 of 2013.
(Rajendra Kumar Mishra, J) manish/- U T