Sobha Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23316 of 2015 Arising Out of PS.Case No. -355 Year- 2014 Thana -SIMRI BAKHTIARPUR District- SAHARSA ======================================================

1. Sobha Devi, W/o Manish Yadav

2. Maina Devi, W/o Bachan Yadav @ Bahadur Yadav

3. Gagan Yadav @ Ganga Yadav, S/o Bechan Yadav @ Bahadur Yadav. All are R/o Village- Sakra Paharpur, P.S. Bakhtiarpur (Balwahat O.P.), District Saharsa.

.... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Shiva Shankar Sharma, Advocate For the Opposite Party/s : Dr.Rabindra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-09-2015 Heard the learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

The prosecution case, in brief, is that the husband of the informant, namely, Sanjay Yadav was taken away by Manish Yadav for purchasing motorcycle with Rs.50,000/- on 30.11.2014 and later on, Manish Yadav took her husband to the house of Bechan Yadav. It has also been alleged that there exist land dispute between husband of the informant and Ajay Yadav, who happens to be the elder brother of the husband of the

Patna High Court Cr.Misc. No.23316 of 2015 (3) dt.02-09-2015 2/2 informant and it is alleged that the FIR named accused persons have committed murder of her husband.

On behalf of the petitioners, it is submitted that the petitioners have got no criminal antecedent. During course of investigation, the name of the petitioners has come. Only suspicion has been raised against them. There is no direct or indirect evidence against them.

On behalf of the State, it is submitted that the petitioners are not named in the First Information Report. Considering the facts and circumstances of the case, let the petitioners above-named be released on bail in the event of their arrest or surrender within a period of four weeks on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in Bakhtiarpur P.S. Case No.355 of 2014 subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sudhir Singh, J) V.K. Pandey/- U T