Chander Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6521 of 2022 Arising Out of PS. Case No.-321 Year-2011 Thana- BARACHATTI District- Gaya ====================================================== 1.

Chander Yadav Son of Bajo Yadav Resident of Village- Bangurua, P.S.- Barachatti, District- Gaya.

2.

Manorma Devi @ Mandodri Devi W/o Lakhan Yadav Resident of VillageBangurua, P.S.- Barachatti, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kr. Sinha For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-08-2022 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in Barachatti P.S. Case No. 321 of 2011, registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.

As per the FIR, no one has seen the actual killing of the deceased. Dead body of the deceased was found in the well. It is submitted that only allegation against petitioners are that they along with other co-accused persons forcibly cremated the dead body before arrival of the police. At best offence comes under the purview of section 201 of the Indian

Patna High Court CR. MISC. No.6521 of 2022(2) dt.01-08-2022 2/2 Penal Code. Petitioners have got clean antecedents. Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate Sherghati, Gaya in connection with Barachatti P.S. Case No. 321 of 2011, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T