Prakash Yadav v. The State Of Bihar
Patna High Court Cr.Misc. No.3224 of 2016 (3) dt.18-03-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3224 of 2016 Arising Out of PS.Case No. -183 Year- 2014 Thana -KHAIRA District- JAMUI ======================================================
1. Prakash Yadav Son of Mahabir Yadav, Resident of Village - Jhundo, P.S. - Khaira, District - Jamui.
.... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Prakash Kumar, Advocate. For the Opposite Party : Mr. P.K. Pandey (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-03-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends his arrest in connection with Khaira P.S. Case No. 183 of 2014 registered for the offences punishable under Sections 147,342,324,302 of the Indian Penal Code.
Learned counsel for the petitioner submits that there are contradictions in the story as made out in the F.I.R. as well as in the case diary and the story has been placed differently before the police. It has been further stated that the deceased died somewhere on account of exploitation and torture by the villagers and allegation that the deceased was dragged and killed by the petitioner, is false and concocted.
Patna High Court Cr.Misc. No.3224 of 2016 (3) dt.18-03-2016 Considering the inherent contradictions and that the post mortem report belies the prosecution story, let the petitioner above named, in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jamui in connection with Khaira P.S. Case No. 183 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjana Mishra, J) ravi/- U T