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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24528 of 2020 Arising Out of PS. Case No.-52 Year-2020 Thana- KASBA District- Purnia ====================================================== 1.

MUNNA YADAV @ MUNNA KUMAR YADAV Son of Jaddan Yadav Resident of Village-Sabdalpur, Police Station-Kasba, District-Purnea. 2.

Chhotu Yadav @ Chhotu Kumar Yadav Son of Jhallu Yadav Resident of Village-Sabdalpur, Police Station-Kasba, District-Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikram Deo Singh, Advocate For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-11-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in Kasba P.S. Case No. 52 of 2020, registered for the offence punishable under Section 302/34 of the Indian Penal Code. Prosecution case in brief is that on 14.04.2020 at 7.00 pm, these petitioners on motorcycle came at the house of informant and enquired about his son namely, Abhinandan @ Gujju Thakur and told the informant that on the instigation of

Patna High Court CR. MISC. No.24528 of 2020(3) dt.25-11-2020 2/3 Pankaj Yadav, his son abused them on mobile.Thereafter, threatened him of dire consequence. Again in the night, these petitioners came at the informant's house and started searching his son. The informant made telephonic call to his son, but he did not receive his call. On the next day at about 6.00 am, one Raju Yadav informed him that his son has been hanged with a Gamcha in a Mango tree in the orchard of one Ayodhya Prasad Yadav. It is further alleged that these petitioners after hatching up a criminal conspiracy committed murder of his son. It is submitted that petitioners have been falsely implicated in this case merely on suspicion. Save and except suspicion, there is no material against these petitioners. There is no eye-witness of the occurrence. In fact during course of investigation, it has come that deceased has committed suicide. Doctor has also found the cause of death Asphyxia due to hanging. These petitioners have got clean antecedent as stated in para 3 of the petition.

Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten

Patna High Court CR. MISC. No.24528 of 2020(3) dt.25-11-2020 3/3 thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with Kasba P.S. Case No. 52 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T