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Patna High CourtCR. MISC./14581/2021bail granted

Pappu Yadav @ Niranjan Yadav v. The State Of Bihar

2022-01-03Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14581 of 2021 Arising Out of PS. Case No.-160 Year-2020 Thana- KATORIYA District- Banka ====================================================== 1.

PAPPU YADAV @ NIRANJAN YADAV Son of Bateshwar Yadav @ Batan Yadav Resident of Village- Sejua, P.S.- Katoriya, District- Banka. 2.

Bateshwar Yadav @ Batan Yadav Son of Late Bhola Yadav Resident of Village- Sejua, P.S.- Katoriya, District- Banka. 3.

Kawali Devi Wife of Bateshwar Yadav @ Batan Yadav Resident of VillageSejua, P.S.- Katoriya, District- Banka. 4.

Suruchi Kumari Wife of Pappu Yadav @ Niranjan Yadav Resident of Village- Sejua, P.S.- Katoriya, District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03-01-2022 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioner no.1 is the brother-in-law of the deceased whereas the petitioner nos. 2 and 3 are the parents-in-law of the deceased. The petitioner no. 4 is the wife of the petitioner no. 1. They seek bail in anticipation of their arrest in connection with Katoriya P.S. Case No. 160/2020 instituted for the offences under Sections 304(B)/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.14581 of 2021(2) dt.03-01-2022 2/3 The accusation against the petitioners is general and omnibus.

It has been submitted that because of the deceased not being happy with her husband, she committed suicide by hanging herself. The matter was promptly reported to the police and in presence of the doctor and the police party, the door of the room in which the deceased was found hanging was broken open. Since the door was found bolted from inside, the learned counsel for the petitioner submits that the story narrated by the petitioners is more plausible that the deceased committed suicide. Even the post-mortem report discloses that the deceased died of hanging. There is no accusation or alluding of the fact that the deceased was killed and was hung from the ceiling in order to give it an adroit appearance of suicide or self hanging.

The husband of the deceased is in custody.

Regard being had to the afore-stated facts, the petitioners, above named, are directed to be released on bail, in the event of their arrest or surrender before the court

Patna High Court CR. MISC. No.14581 of 2021(2) dt.03-01-2022 3/3 below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Katoriya P.S. Case No. 160/2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/- U T