Yogendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12452 of 2017 Arising Out of PS.Case No. -31 Year- 2016 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Yogendra Singh, S/o Late Lakhan Singh, resident of village - Balhi, P.S. Turkaulia, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Singh For the Opposite Party/s : Mr. Sri Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-05-2017 Heard both sides.

The petitioner seeks bail in Turkauliya P.S. case No. 31 of 2016 under Section 302, 201, 120B of the Indian Penal Code.

The informant alleged that petitioner, elder brother of her husband, took her husband, Binod Singh, along with him but her husband did not return. The informant enquired from wife of the petitioner but no information was given. On the next day, the informant enquired from the petitioner who disclosed that her husband left his company and the petitioner did not know anything about her husband.

The learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.12452 of 2017 (4) dt.02-05-2017 2/2 save and except the fact that petitioner and the deceased went along, there is no material to show the involvement of the petitioner. The petitioner was apprehended and he is said to have disclosed that his brother, Binod Singh, was killed by his son, Akhilesh Singh, and nephew, Balister Singh. It is further submitted that in paragraph 29 of the case diary the dead body of the deceased was identified but again in paragraph 31 of the case diary the informant and son of the deceased did not identify the dead body for which a case No. 852 of 2015 was lodged. During the course of investigation, it has come that the deceased had quarreled in his family and he left the house. Considering the facts aforesaid and the fact that petitioner is in jail since 16.08.

2016, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-III, East Champaran at Motihari in Turkauliya P.S. Case No. 31 of 2016 (G.R. No. 366 of 2016).

(Prabhat Kumar Jha, J) BKS/- U T