Mauze Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28410 of 2023 Arising Out of PS. Case No.-208 Year-2016 Thana- HARLAKHI District- Madhubani ====================================================== 1.
Mauze Yadav Son Oflate Darpi Yadav Village- Phulhar Ps- Harlakhi DistMadhubani 2.
Indal Yadav @ Indra Kumar Yadav Son Of Bisheshwar Yadav VillagePhulhar Ps- Harlakhi Dist- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gagan Deo Yadav Mr. Ravi Prakash Mr. Vinod Kumar Mr. Udeshya Kumar Yadav For the Opposite Party/s :
Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-10-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code.
3. Petitioners are said to have committed murder of the daughter of the informant.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that the co-accused Shailendra Kumar Yadav (husband of the deceased) has been acquitted by the learned court below. He submits that after investigation police
Patna High Court CR. MISC. No.28410 of 2023(3) dt.03-10-2023 2/2 submitted final form against the petitioner but the learned court below has taken cognizance against him. He submits that the petitioner no. 1 is cousin father-in-law and petitioner no. 2 is Bhaisur of the deceased. He submits that there is no specific overt act against the petitioners. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application.
5. Learned APP for the State opposes the prayer for bail.
6. Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Harlakhi P.S. Case No. 208 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) devendra/- U T