Awadhesh Yadav And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14746 of 2015 Arising Out of PS.Case No. -64 Year- 2014 Thana -ITADHI District- BUXAR ======================================================

1. Awadhesh Yadav Son of Late Naipal Yadav, Resident of villageChilhar, P.S.- Itarhi, District- Buxar

2. Shyam Bihari Yadav, Son of Late Abilakh Yadav

3. Manish Yadav, son of Baidya Nath Yadav, Both Residents of villageBasudhar, P.S.- Itarhi, District- Buxar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satyapal Singh For the Opposite Party/s : Mr. Amrendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-04-2015 Heard learned counsels for the petitioners and the State. The petitioners being maternal uncle, grand father and brother of the late husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code. It is alleged that on 8.5.2014 the informant received call from her husband who appeared to be in stress. Again on 11.5.2014 the informant received information from the family members of her husband that her husband has been killed and the dead body has been thrown in a well. On this information, the informant came and identified the dead body of her husband.

Patna High Court Cr.Misc. No.14746 of 2015 (2) dt.10-04-2015 2/2 It is submitted by the learned counsel for the petitioners that only on suspicion the accusation has been levelled against the entire family members. Statement has been made in paragraph 15 of the petition that there is nothing on record that the victim called the informant between 5.5.2014 to 14.5.2014. The impugned order suggests no material collected against the petitioners. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Buxar in connection with Itarhi P.S. Case No.64 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T