Gulcha Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32158 of 2023 Arising Out of PS. Case No.-64 Year-2022 Thana- JAIPUR District- Banka ====================================================== 1.

Gulcha Yadav, Son of Late Jamun Yadav/Mahto 2.

Jayanti Devi @ Jaymanti Devi, Wife of Gulcha Yadav Both are Resident of Village-Govind Dih, P.S.-Jaipur, District-Banka. ... ... Petitioners

Versus

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

For the Petitioner/s :

Md. Nurul Hoda, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 04-08-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. 2.

The petitioners seek bail in connection with Jaipur P.S. Case No.64 of 2022 registered for the offences punishable under Sections 341, 323, 307, 302 & 426 read with 34 of the Indian Penal Code.

3.

The accused/petitioners are named in the FIR and are in custody since 06.12.2022.

4.

Allegation against the petitioners is commit murder of daughter of informant along with other co-accused persons/family members.

5.

It is submitted by learned counsel that informant is not the eye-witness of the occurrence and entire implication is

Patna High Court CR. MISC. No.32158 of 2023(3) dt.04-08-2023 2/3 based upon suspicion and hearsay input as he received from her daughter. It is submitted that thrust of allegation is available against the husband, who alleged to commit murder of the daughter of informant and he is in judicial custody right now. It is submitted that implication of petitioners appear only being the parents of the main co-accused, namely, Ajay Yadav, who is the husband of the deceased. It is submitted there is no allegation of demand of dowry against petitioners. It is also submitted that nothing surfaced during the course of investigation, which may suggest any incriminating circumstances suggesting involvement of these petitioners with present occurrence of murder. While concluding argument, it is submitted that investigation of this case is completed for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence.

6.

Learned APP opposes the prayer for grant of bail to the petitioners.

7.

In view of above-mentioned facts and circumstances, as thrust of allegation is available against coaccused Ajay Yadav, who is the husband of deceased, where implication of petitioners appears being in-laws, coupled with the fact that charge-sheet has already submitted, where

Patna High Court CR. MISC. No.32158 of 2023(3) dt.04-08-2023 3/3 petitioners are in custody since 06.12.2022, accordingly, the petitioners, above-named, are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-1st, Banka in connection with Jaipur P.S. Case No.64 of 2022, subject to the conditions as laid down under Section 437(3) of the CrPC.

(Chandra Shekhar Jha, J.) Sanjeet/- U T