Manjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4581 of 2025 Arising Out of PS. Case No.-816 Year-2024 Thana- BIHTA District- Patna ====================================================== 1.

Manjay Yadav S/O Late Muta Yadav @ Mula Yadav R/O Village- Kunjawa, P.S- Bihta, Distt.- Patna.

2.

Rinku Yadav @ Ananjay Kumar S/O Late Muta Yadav @ Mula Yadav R/O Village- Kunjawa, P.S- Bihta, Distt.- Patna.

3.

Rohit Kumar S/O Manjay Yadav R/O Village- Kunjawa, P.S- Bihta, Distt.- Patna.

4.

Gop @ Vivek Kumar S/O Manjay Yadav R/O Village- Kunjawa, P.S- Bihta, Distt.- Patna.

5.

Manju Devi W/O Manjay Yadav R/O Village- Kunjawa, P.S- Bihta, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahesh Narayan Prabhat, Sr. Adv Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-02-2025 1.

Heard learned senior counsel for the petitioners, learned A.P.P. for the State and the learned counsel appearing on behalf of the informant.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 103(1), 3(5) of the B.N.S.

3.

Learned senior counsel for the petitioners submits that the petitioners are persons with clean antecedent and are related with Dhananjay. It is further submitted that the son of the

2/4 informant, namely Avinash, was having an affair with daughter of Dhananjay. It is next submitted that on 29th August 2024, Avinash received a call and thereafter left his home, but did not return in the night and later when a search was made, the dead body of Avinash along with the daughter of Dhananjay was found in a dilapidated house of Dhananjay.

4.

The Learned senior counsel for the petitioners submits that since the petitioners are related to Dhananjay, as such they have been implicated in the instant case by the informant, based on suspicion, when he is not an eyewitness to the occurrence. It is next submitted that since Dhananjay own daughter was in relationship with Avinash, son of the informant, as such it might be a case of honour killing, but then petitioners are persons with clean antecedent and are related to Dhananjay, but are separate in mess and property, but since they are related hence on that basis they have been implicated. It is also submitted that Vishal, son of Dhananjay, was arrested, who confessed the crime.

5.

The learned APP and the learned counsel appearing on behalf of the informant opposes the anticipatory bail application, but then are not in a position to rebut the submission of the learned senior counsel appearing on behalf of

3/4 the petitioners that Avinash was in relationship with the daughter of Dhananjay on account of which the occurrence is alleged to have taken place in which Vishal was arrested and he has confessed of his participation in the crime. The learned counsel for the informant next submits that if the privilege of anticipatory bail is granted to the petitioners, the petitioners may abscond, on which the learned senior counsel appearing on behalf of the petitioners submits that petitioners will not abscond, but rather will cooperate in the investigation to prove their innocence.

6.

Considering the submissions made by the learned senior counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bihta P.S. Case No. 816 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7.

However, it is made clear that in the event, if the Investigating Officer of the case files an application before the

4/4 learned trial court bringing to its notice that the petitioners, despite giving assurance to this Court, are not cooperating in the investigation or are not presenting themselves as and when required, the learned trial court shall be at liberty to forthwith cancel the bail bonds of the petitioners after recording reasons. 8.

Let a copy of this order be sent to the concerned police station through the learned Trial Court. (Satyavrat Verma, J) SUMIT/- U T