Satyendra Yadav @ Satyendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15690 of 2016 Arising Out of PS.Case No. -288 Year- 2012 Thana -MASAURHI District- PATNA ====================================================== Satyendra Yadav @ Satyendra Kumar S/o Ram Sewak Yadav, Resident of Village-Nadaulmath, P.S.-Masaurhi, District-Patna. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Ajay Kumar Sinha, Advocate For the Opposite Party : Mr. S.Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending his arrest in connection with Masaurhi P.S. Case No. 288 of 2012 for the offences instituted under Sections 364/34 of the Indian Penal Code. As per prosecution case, the informant alleging therein that he has married his daughter with Satyendra Yadav and a baby aged about eight years was born. Satyendra Yadav again solemnized a second marriage and thereafter by torturing his daughter and he ousted her from her matrimonial house for which a case no.463 of 2011 was instituted against Satyendra Yadav. Satyendra Yadav had assaulted her when she used to talk to her parents on the mobile phone. It is suspected that eleven persons
including petitioner under conspiracy have committed her murder and her dead body had been disposed of.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Prior to the institution of the present case, there was a case instituted for an offence under Section 498A of the IPC which subsequently ended up with an acquittal. The other co-accused have been granted anticipatory bail by the court below vide ABP No.6235 of 2015 and 4804 of 2015. From perusal of the said order, it appears that nobody claims to have seen the petitioner or others carrying the deceased or her dead body. Vide Annexure-4, a petition has been filed by the father of the informant stating therein that the deceased was suffering from mental illness.
On behalf of the State, it has been submitted that the petitioner has not been named in the FIR as an accused. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Masaurhi P.S. Case No. 288 of 2012 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Masaurhi, District-Patna,
subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) B.Kr./- U T