Devilal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17115 of 2019 Arising Out of PS. Case No.-474 Year-2018 Thana- MAJHAULIA District- West Champaran ====================================================== 1.
Devilal Yadav S/o Maya Yadav Resident of Village- Majheria, P.S.- Majhaulia, District- West Champaran.
2.
Renu Devi W/o Ghamandi Yadav Resident of Village- Majheria, P.S.- Majhaulia, District- West Champaran.
3.
Manauti Devi W/o Jitendra Yadav Resident of Village- Majheria, P.S.- Majhaulia, District- West Champaran.
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar For the Opposite Party/s :
Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-03-2019 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 302, 201 and 34 of the Indian Penal Code.
The prosecution case, in short, is that the accused persons had greedy eye for money and ornaments kept for the care of maternal grandson and due to which caused death of the deceased.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the
Patna High Court CR. MISC. No.17115 of 2019(2) dt.28-03-2019 2/2 petitioners. The petitioners have falsely been implicated in the present case due to mistake of fact. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioners in the present case. The alleged occurrence is said to have taken place after 25 years of the marriage. Later on, a petition has been filed on behalf of the informant that due to mistake of fact, the present case has been lodged. On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Majhaulia P.S. Case No. 474 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Pankaj/- U T