Chhotku Yadav @ Rajeev Yadav @ Chhatku Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18793 of 2024 Arising Out of PS. Case No.-231 Year-2023 Thana- PHULPARAS District- Madhubani ====================================================== 1.

Chhotku Yadav @ Rajeev Yadav @ Chhatku Yadav Son of Ram Sevak Yadav Resident of Village- Godhiyari, P.S.- Phulparas, Dist.- Madhubani 2.

Ramanand Yadav @ Ramnandan Kumar Son of Jagdish Yadav @ Jagadish Prasad Yadav Resident of Village- Godhiyari, P.S.- Phulparas, DistrictMadhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Adv.

For the Opposite Party/s :

Mr. Bhanu Pratap Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 28-03-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Phulparas P.S. Case No. 231 of 2023 instituted under Sections 304/34 of the Indian Penal Code.

3. As per the prosecution case, it is stated that on 26.04.2023 at about 01:30 A.M. in the night, the informant's sister-in-law, namely, Vimal Devi along with her child returning from a program in the village and the petitioners with other co-accused came on motorcycle and pushed to Vimal Devi due to this she fell down and become senseless, thereafter, she had been taken to hospital where she declared dead.

Patna High Court CR. MISC. No.18793 of 2024(2) dt.28-03-2024 2/2

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case due to village politics. The informant is not the eye witness of the occurrence and only on the basis of the suspicion, the name of the petitioners have been implicated in this case. The petitioners have no criminal antecedent and undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to each to the satisfaction of the learned A.C.J.M. II, Jhanjharpur, Madhubani in connection with Phulparas P.S. Case No. 231 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) Gauravkr/- U T