Upendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7405 of 2017 Arising Out of PS.Case No. -233 Year- 2015 Thana -JHAJHA District- JAMUI ====================================================== Upendra Yadav, Son of Late Nuneshwar Yadav, resident of VillageBhalgori, P.S.- Jhajha, District- Jamui. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar For the Opposite Party/s : Mr. Sri Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-02-2017 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in Jhajha P.S. Case No. 233 of 2015 instituted for the offence under Section (s) 302, 201/34 of the Indian Penal Code.

It has been submitted that First Information Report is against unknown. The name of this petitioner was disclosed by the husband of the deceased before the police during investigation. The deceased had earlier filed a case under Section 498A of the Indian Penal Code against her husband and in-laws. The name of this petitioner was disclosed merely to divert the investigation.

From the fardbeyan, it appears that one dead

Patna High Court Cr.Misc. No.7405 of 2017 (2) dt.22-02-2017 2/2 body was recovered by the informant who is Chaukidar. The petitioner was not named in the First Information Report. From the impugned order, it appears that name of this petitioner was disclosed during investigation by the husband of the deceased.

It has also been submitted that petitioner has no concern with the deceased and he is neither related with the family of the husband of the deceased nor with the family of the deceased.

In the facts and circumstances of the case, the prayer of the petitioner for anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, above named, within six weeks from today in connection with Jhajha P.S. Case No. 233 of 2015, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Jamui, subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Sanjay Priya, J) Shageer/- U T