Deep Narayan Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45794 of 2015 Arising Out of PS.Case No. -103 Year- 2015 Thana -KATORIA District- BANKA ======================================================

1. Deep Narayan Yadav

2. Tulsi Yadav

3. Bulaki Yadav

4. Girdhari Yadav All sons of Dhanraj Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Nurul Hoda, Advocate For the Opposite Party/s : Mr. Anil Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-11-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under sections 302 and 201/34 of the Indian Penal Code.

The prosecution case is that on 08.05.2013 at 03.00 pm co-accused Laxman Yadav came to the house of the informant and took the father of the informant with him but thereafter father of the informant did not return. Subsequently, on search the dead body of the father of the informant was recovered in the forest leading to registration of FIR against Laxman Yadav and Sumiya Devi, wife of Naresh Yadav, with whom the victim had illicit

Patna High Court Cr.Misc. No.45794 of 2015 (2) dt.05-11-2015 2/2 relation. In his confession, Laxman Yadav admitted that he executed a sale deed for 8 kathas of land in favour of petitioner no.1, namely, Deep Narayan Yadav, wherein the victim was the witness. Laxman Yadav further confessed that the victim had illicit relation with Sumiya Devi with whom he went in the forest and, thereafter, his dead body was recovered. It does not appear from the impugned order that during investigation any cogent material has been collected against the petitioners. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Banka in connection with Katoria P.S. Case No.103 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T