Munarik @ Munarik Yadav @ Natu @ Natu Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30792 of 2016 Arising Out of PS.Case No. -166 Year- 2016 Thana -NOORSARAI District- NALANDA (BIHARSHARIFF) ======================================================

1. Munarik @ Munarik Yadav @ Natu @ Natu Yadav son of Kirish Yadav @ Krish Yadav

2. Tunni Yadav son of Charitar Yadav @ Chalitar Yadav Both residents of Kairri Milki, P.S.: Noorsarai, District : Nalanda. .... .... Petitioners

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar For the Opposite Party/s : Mr. Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-09-2016 Supplementary affidavit has been filed on behalf of the petitioners. The same be kept on the record.

Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are languishing in custody in connection with Noorsarai P.S. Case No. 166 of 2016 for the offence instituted under Section 365/34 of the Indian Penal Code. There is allegation against the petitioners that they forcibly abducted the husband of the informant for executing sale deed.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 18.06.2010. The charge sheet

Patna High Court Cr.Misc. No.30792 of 2016 (3) dt.14-09-2016 2/2 has been submitted in the present case. The petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The abduction is alleged for the motive that the petitioners wanted to get the sale deed executed in their favour in respect to the land in question. The said fact is falsified from perusal of the Annexure-3 to the supplementary affidavit. The mother of the victim had executed a Will in favour of the wife of the petitioner and the Probate Case No. 27 of 2013 was passed in favour of the wife of the petitioners by the District Judge, Nalanda and for the said reason, the present case has been instituted against the petitioners. On behalf of the state it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Nalanda at Biharsharif, in connection with Noorsarai P.S. Case No. 166 of 2016.

(Sudhir Singh, J.) Amit/- U T