Kishori Yadav And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5174 of 2017 Arising Out of PS.Case No. -1619 Year- 2013 Thana -DARBHANGA COMPLAINT CASE District- DARBHANGA ======================================================

1. Kishori Yadav, S/o Late Halkhori Yadav,

2. Pitambhar Yadav, S/o Onkar Yadav,

3. Ramchandar Yadav, S/o Late Yugeshwar Yadav,

4. Pawan Yadav, S/o Pradad Yadav,

5. Hukumdeo Yadav, S/o Late Bhola Yadav,

6. Dinesh Yadav, S/o Mahavir Yadav, All are R/o Village - Dhoi Navtoli, P.S. Sadar, District - Darbhanga .... .... Petitioner/s

Versus

1. The State of Bihar

2. Lukhiya Devi, Wife of Late Harikant Yadav, Resident of Village - Dhoi Navtoli, P.S. Sadar, District - Darbhanga .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satish Chandra Jha-3, APP For the Opposite Party/s : Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-03-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 302/201/120B of the Indian Penal Code.

Allegation against the petitioners is that they took to the husband of the informant on the pretext of treatment as he was mentally ill and got property transferred through a sale deed from her husband and they are still keeping the husband under some hide.

She further alleged that on confidential information

Patna High Court Cr.Misc. No.5174 of 2017 (3) dt.23-03-2017 2/2 she came to know that murder of her husband had been committed and dead body was disposed of.

Submission is that during investigation the police did not find the allegation true and reported that it was a case of natural death of the husband of the complainant and just to pressurize, the present complaint was filed.

After considering the aforesaid facts as well as the fact that there is no eyewitness of the occurrence of murder, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, 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, Darbhanga/Successor Court in connection with C.R. Case No.1619 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. With further condition that petitioners shall fully cooperate with the investigation and trial of the case, failing which the Court-below shall be at liberty to take steps for cancellation of the bail-bonds of the petitioners in this case. (Birendra Kumar, J) Mkr./- U T