Rajendra Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13384 of 2017 Arising Out of PS.Case No. -177 Year- 2016 Thana -AKBARPUR District- NAWADA ======================================================

1. Rajendra Yadav, Son of Late Mahabir Yadav

2. Subodh Yadav @ Subodh Kumar

3. Pramod Yadav

4. Vijay Yadav, All Sons of Rajendra Yadav, All are Resident of VillagePaijuna, Tola, Dakshin Bigha, P.s. Akbarpur, District Nawada. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Niraj Kumar, Adv.

For the Informant : Mr. Bhaskar Sharkar, Adv.

For the Opposite Party/s : Mr. Rajballabh Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-05-2017 Heard learned counsel for the petitioners, learned counsel appearing on behalf of the informant and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Akbarpur P.S. Case no. 177 of 2016 registered under Section 302/34 of the Indian Penal Code.

The accusation is that Pawan Kumar, son of the informant, was accompanied by petitioner No.2 to 4, all sons of petitioner No.1 and one Manish Kumar to attend function of marriage, but Pawan Kumar, son of the informant, did not return to his house. Thereafter, informant, in course of search, went at village Paijuna at the house of the petitioners then petitioners and others fled away from

Patna High Court Cr.Misc. No.13384 of 2017 (2) dt.01-05-2017 2/2 the village seeing the informant.

Learned counsel for the petitioners submits that admittedly the son of the informant had gone to attend marriage ceremony, but due to returning in late night son of the informant stayed at the house of petitioner and slept on the roof and in the night son of the informant went to attend call of nature and come in the grip of electric wire and sustained burn injury. Thereafter, he was taken to the ground and information was given to the informant, but with ulterior motive, the informant filed this false case. Further submission is that in the Post-mortem examination cause of death was electric shock. Moreover, in the F.I.R. no any motive has been assigned to cause death of the son of the informant by the petitioners.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada in connection with Akbarpur P.S. Case No.177 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.