Rana Pratap Yadav @ Happy Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29506 of 2023 Arising Out of PS. Case No.-37 Year-2023 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== RANA PRATAP YADAV @ HAPPY YADAV S/o Madhusudan Yadav @ Maksudan Yadav R/o village Pajrawan, P.S. Nuaon, District Kaimur at Bhabua ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s :
Mr. Choubey Jawahar, APP For the informant :
Mr. Randheer Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-07-2023 Heard learned counsel appearing on behalf of the parties.
The petitioner seeks bail in connection with Ramgarh (Nuaon) P.S. Case No. 37 of 2023 registered for the offence under Sections 302 and 201/34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 21.03.2023.
The allegation against the petitioner is to commit murder of daughter of informant along with other co-accused persons/family members and also to help to cause disappearance of dead body of the deceased.
Learned counsel appearing on behalf of the petitioner submitted that petitioner is neither family members nor relatives
Patna High Court CR. MISC. No.29506 of 2023(3) dt.03-07-2023 2/3 of the husband of deceased daughter of informant. It is submitted that being co-villager, petitioner provided his vehicle for hospitalization of daughter of informant. It is submitted that save and except this limited allegation, nothing incriminating appears against this petitioner, during course of investigation, which may connect him, prima facie, with present set of occurrence. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which, charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.
Learned APP duly assisted by learned counsel, Mr. Randheer Kumar, for the informant, while opposing the prayer of bail, fairly conceded the fact that petitioner is not relative/family members of the deceased.
Considering the facts and circumstances as mentioned above, as the maximum allegation appears against this petitioner is to cause the disappearance of the dead body of the deceased, where, specific allegation to commit murder is available against family members coupled with the fact that charge-sheet has already submitted, where, petitioner is in custody since 21.03.2023, accordingly, above named petitioner is directed to
Patna High Court CR. MISC. No.29506 of 2023(3) dt.03-07-2023 3/3 be released on bail in connection with Ramgarh (Nuaon) P.S. Case No. 37 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Mohania, Kaimur at Bhabhua/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Katyayan/- U T