Manoj Yadav @ Manoj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28582 of 2021 Arising Out of PS. Case No.-60 Year-2019 Thana- CHANDRAMANDI District- Jamui ====================================================== Aruna Devi @ Aruna Kumari W/o Manoj Yadav @ Manoj Kumar Yadav Resident of Village - Darwa, P.S.- Chandramandih, Distt.- Jamui. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 31074 of 2021 Arising Out of PS. Case No.-60 Year-2019 Thana- CHANDRAMANDI District- Jamui ====================================================== Manoj Yadav @ Manoj Kumar Yadav Son Of Late Ganesh Mahto R/O Village- Darwa, P.S.- Chandramandih, District- Jamui ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 28582 of 2021) For the Petitioner :

Mr. S.K. Lal, Mr. Pritish Kumar Lal, Advocates For the State :

Mr. Yogendra Kr. Singh, APP (In CRIMINAL MISCELLANEOUS No. 31074 of 2021) For the Petitioner :

Mr. Pritish Kumar Lal, Advocate For the State :

Mr. Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-03-2022 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Since both the applications arise out of Chandramandih P.S. Case No. 60 of 2019, they have been heard together and are being disposed of by this common order.

Patna High Court CR. MISC. No.28582 of 2021(3) dt.08-03-2022 2/3 The petitioners of both these applications apprehend their arrest in connection with Chandramandih P.S. Case No. 60 of 2019 registered for offences under Sections 302, 201, 120(B) and 34 of the Indian Penal Code.

The first information report was registered against unknown persons. The deceased is the mother of petitioner Manoj Yadav @ Manoj Kumar Yadav and mother-in-law of petitioner Aruna Devi @ Aruna Kumari.

It has come during investigation that Manoj Yadav and Rajesh Kumar used to dispute for the property and after disappearance of their mother, first information report was registered and her dead body was recovered and the police suspected the hand of the petitioners in this case. It has been submitted by learned counsel for the petitioners that the petitioners are son and daughter-in-law of the deceased and they have not killed her and there is no direct evidence against them.

In view of the evidence which has come against petitioner Manoj Yadav @ Manoj Kumar Yadav that he killed his mother for the property, he does not deserve anticipatory bail.

In the facts and circumstances of the case, the

Patna High Court CR. MISC. No.28582 of 2021(3) dt.08-03-2022 3/3 application for anticipatory bail on behalf of petitioner Manoj Yadav @ Manoj Kumar Yadav is dismissed.

So far as petitioner, namely, Aruna Devi @ Aruna Kumari is concerned, there is no allegation against her that she is involved in committing the crime.

Considering the above, the application for anticipatory bail on behalf of the petitioner, namely, Aruna Devi @ Aruna Kumari is allowed.

Accordingly, let petitioner, namely, Aruna Devi @ Aruna Kumari, in the event of her arrest or surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Jamui in connection with Chandramandih P.S. Case No. 60 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sandeep Kumar, J) BT/- U T