Jay Mangal Yadav And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.20046 of 2016 (2) dt.06-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20046 of 2016 Arising Out of PS.Case No. -169 Year- 2015 Thana -NAWADA MUFFASIL District- NAWADA ======================================================

1. Jay Mangal Yadav Son of Wazir Yadav

2. Anita Devi Wife of Jay Mangal Yadav Both resident of Village- Pranpur, PS Mufassil, District Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Birendra Kumar For the Opposite Party/s Mr. Meena Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 06.05.2016 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

Petitioners seek bail in a case registered under sections 302, 201/34 of the Indian Penal Code.

Petitioner no.1 happens to be brother of the deceased's husband and so far as petitioner no.2 is concerned, she is wife of petitioner no.1 and it is alleged that husband of the deceased had illicit relation with petitioner no.2 and that was the reason deceased was killed by the petitioners and others including husband of the deceased. The impugned order shows that in course of investigation one plastic rope as well as some bangles were recovered from the house of the petitioners.

The submission on behalf of the petitioners is that entire allegation centers around against husband of the deceased and, as a

Patna High Court Cr.Misc. No.20046 of 2016 (2) dt.06-05-2016 matter of fact, marriage of the deceased had taken place in the year 1994 and after that her second marriage (Gauna) was solemnized in the year 2000. It is further submitted that deceased was residing in the house of her husband since last 18 years and between the aforesaid period, she gave birth to two children. It is further submitted that, as a matter of fact, petitioners are separate and they have no concern with the affairs of husband of the deceased.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada in Mufassil P.S. Case no. 169/2015.

shahid (Hemant Kumar Srivastava,J) U T