Nagendra Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50567 of 2015 Arising Out of PS.Case No. -86 Year- 2015 Thana -BELAGANJ District- GAYA ======================================================

1. Nagendra Yadav son of Bachu Yadav

2. Bachu Yadav son of Bhuneshwar Yadav Both petitioner no. 1 and 2 are residents of village - Jahana Police Station - Belaganj, District - Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shailesh Kumar For the Opposite Party/s : Mr. U.L.Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-12-2015 Heard the learned counsel for the petitioners as well as the learned A.P.P.

The petitioners seek bail in a case for the offences punishable under sections 302 and 201/34 of the I.P.C Allegedly, Sharda Devi, daughter of the informant, was married to Ashish Yadav in the year, 2008 but due to non fulfillment of demand of motorcycle and cash of Rs. 1,35,000/- the husband and other in-laws used to torture her and thereafter the husband informed the informant that his daughter was ill and then the informant went there and found the house locked and then it has been alleged that the accused persons after killing the daughter of the informant made the dead body traceless. Submission is of false implication and that petitioner no.1 is Bhaisur and petitioner no.2 is the father-in-law of the

Patna High Court Cr.Misc. No.50567 of 2015 (2) dt.15-12-2015 2/2 deceased, they were living separately since long from the deceased and her husband, there was no concern with the family affairs of the deceased and against them there is no specific allegation and co-accused Gulabiya Devi, the mother-in-law of the deceased has already been allowed bail vide Cr. Misc. No. 36194 of 2015 and the petitioners are in custody since 19.08.2015. Charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence.

The learned A.P.P. fairly submits that the petitioners are Bhaisur and father-in-law of the deceased. In the facts and circumstances as stated above, the petitioners are also directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M. Gaya in Belaganj P.S. Case No. 86 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T