Bijendra Prasad Yadav @ Bijal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22093 of 2020 Arising Out of PS. Case No.-804 Year-2019 Thana- MADHEPURA District- Madhepura ====================================================== Bijendra Prasad Yadav @ Bijal Yadav, Son of Sadanand Yadav, Resident of Village - Balam Gadhiya, P.S.- Madhepuera, Distt.- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Dhar Jha, Advocate.

For the Opposite Party/s :

Mr. Sakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-11-2020 Heard learned counsel for the petitioner and the learned A.P.P. appearing for the State through Video Conferencing.

The petitioner apprehends his arrest in connection with Madhepura P.S. Case No. 804 of 2019, registered under Sections 302 and 201 of the Indian Penal Code. On recovery of unknown female dead body in bush at Village-Sukhasan, Madhepura P.S. Case No. 804 of 2019 was instituted against unknown on the basis of Fardbeyan of informant, Uma Shankar Rai, A.S.I of of Madhepura Police Station.

Learned counsel for the petitioner submits that the present case has been lodged on recovery of unknown female

Patna High Court CR. MISC. No.22093 of 2020(3) dt.11-11-2020 2/3 dead body in bush at Village Sukhasan but in course of investigation, the dead body was identified in Sadar Hospital by Prabhas Yadav, as dead body of his aunt, Ranjana Devi, wife of Devendra Yadav. Thereafter, Gajendra Yadav also identified as the dead body of his daughter, Ranjana Devi, whose marriage was performed with Devendra Yadav and also admitting the fact that she had illicit relation with the petitioner, which was protested by the family of the petitioner and the family of Devendra Yadav.

Thereafter, the statement of Devendra Yadav, husband of deceased and Ramanand Kumar, son of the deceased was also recorded, who also admitted that deceased and the petitioner always used to talked to each other except that nothing has been collected by the Investigating Officer showing the involvement of the petitioner in the present case. Further submission is that while Ramanand Kumar, in paragraph 26 of the case dairy, has stated that on receiving telephone, his mother had gone to the house of the petitioner on 09.09.2019 but she did not return, it is highly surprised that the aforesaid information was not given to the police prior to the recovery of the dead body of the deceased.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the

Patna High Court CR. MISC. No.22093 of 2020(3) dt.11-11-2020 3/3 event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhepura, in connection with Madhepura P.S. Case No. 804 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T