Yugesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28739 of 2019 Arising Out of PS. Case No.-191 Year-2018 Thana- PIRPAINTI District- Bhagalpur ====================================================== YUGESH YADAV, Son of Bhutuk Yadav, Resident of Village - Banshichak Madan Gopali, P.S.- Pirpainti, District - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shyam Kishor Das, Advocate For the Opposite Party/s :

Dr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 16-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Pirpainti P.S. Case No.191 of 2018 instituted for the offence under Section(s) 364/34, 302, 201Indian Penal Code.

Prosecution case is that brother of the informant, Birendra Yadav, had gone to his Sasural for treatment of his child. His younger sister-in-law, Manisha Devi, made phone call at about 9.00 PM and informed that as soon as Birendra Yadav reached at Basa situated at Banshichak, the petitioner along with other four named accused persons and 3-4 unknown persons took him towards north east direction of Basa. When Manisha Devi tried to save him, she was also assaulted. Counsel for the petitioner submits that Manisha Devi

Patna High Court CR. MISC. No.28739 of 2019(3) dt.16-05-2019 2/2 has given statement under Section 164 Cr.P.C., wherein, she has not alleged any specific overt act against the petitioner. She has only stated that this petitioner and other accused persons used to raise objection for performing her love marriage with the deceased.

Counsel for the petitioner further submits that wife of the deceased has given statement under Section 161 Cr.P.C, which is mentioned in para 4 of the case diary. She has not levelled any specific overt act against the petitioner in that statement.

Petitioner is in custody since 27.11.2018.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, XI, Bhagalpur, in connection with Pirpainti P.S. Case No.191 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner. (Sanjay Priya, J) J. Alam/- U T