Ashok Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4575 of 2023 Arising Out of PS. Case No.-93 Year-2018 Thana- MADHEPURA District- Madhepura ====================================================== 1.

ASHOK YADAV Son of Asarfi Yadav R/V- Laukaha Mohania, Barauni Tola, P.s- Lokaha, Dist- Supaul 2.

Laltu Rishidev son of Jitan Rishidev R/V- Laukaha Mohania, Barauni Tola, P.s- Lokaha, Dist- Supaul 3.

Lakhia Devi Wife of Chandan Rishidev R/V- Laukaha Mohania, Barauni Tola, P.s- Lokaha, Dist- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-05-2023 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Section 302, 364 and some other ancillary Sections of the Indian Penal Code. As per the prosecution case, these petitioners along with other accused persons committed the murder of son of the informant.

Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in the case. Petitioner No.1 is co-villager of petitioner No.3,

Patna High Court CR. MISC. No.4575 of 2023(5) dt.11-05-2023 2/2 petitioner No.2 is brother-in-law of the deceased and petitioner No.3 is wife of the deceased. The informant is not an eye witness of the occurrence and only on suspicion petitioners have been made accused in this case and except suspicion there is no material against these petitioners to show their complicity in the aforesaid crime. There is delay of six months in lodging the case without any explanation. Petitioners have got clean antecedent. Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Considering the facts of the case and clean antecedent of the petitioners, let the petitioners, above named, in the event of their arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhepura in connection with Madhepura (Bharrahi) PS case No. 93/ 2018, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T